Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the Supreme Court judgment in SC 39/21 created an estoppel (res judicata) preventing the respondent's claim.","issue_type":"procedural","dispositive":"no","related_facts":"The Supreme Court's earlier decision setting aside the High Court's judgment on procedural grounds."}
• {"issue_text":"Whether the court a quo erred in finding that the appellant had waived the conditions precedent satisfaction period.","issue_type":"law","dispositive":"yes","related_facts":"The signing of Addendum 1 on 21 September 2017 and the conduct of the parties thereafter."}
• {"issue_text":"Whether the court a quo erred in holding that fictional fulfilment of the conditions precedent had occurred.","issue_type":"law","dispositive":"yes","related_facts":"The appellant's alleged frustration of financing arrangements and failure to pay subcontractors."}
• {"issue_text":"Whether the court a quo erred in ordering specific performance of the contract.","issue_type":"law/discretionary","dispositive":"yes","related_facts":"The viability of the project, availability of funding, and passage of time."}
• {"issue_text":"Whether the judgment of the court a quo was predicated on the pleaded case.","issue_type":"procedural","dispositive":"no","related_facts":"Whether evidence regarding financing issues (China Exim Bank, CBZ, ATC) was outside the scope of the declaration."}
• {"issue_text":"Whether the counterclaim was properly dismissed.","issue_type":"fact","dispositive":"yes","related_facts":"The value of pre-commencement works performed and the appellant's claim for a refund."}

Background