Crush Security (Private) Limited v The Group Chief Executive Officer (Parirenyatwa Group of Hospitals) & Anor

HH 59-23

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Case Details

Court

Harare High Court

Date

27 January 2023

Citation

HH 59-23

Neutral Citation

[2023] ZWHH 59

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Contract LawCommercial Law

Keywords

Security services contractTariff increaseNon-variation clauseGovernment procurement

Key Issues

{"issue_text":"Whether the plaintiff could unilaterally vary the contract price based on new government regulations without written agreement as required by the contract","issue_type":"law","dispositive":"yes","related_facts":"Contract contained non-variation clause; no written variation executed; plaintiff continued services"}
{"issue_text":"Whether the defendant was liable to pay the difference between the contract rate and the gazetted rate","issue_type":"law","dispositive":"yes","related_facts":"Government regulations increased tariffs; defendant paid original rate only"}

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background

Facts of the Case

Background

The plaintiff provided security services to the defendants under a government tender contract at US$23,554.30 per month. When government regulations increased security guard tariffs, the plaintiff claimed the new rate of US$50,551.70 per month without written variation as required by the contract. The defendants continued paying the original rate and the contract was terminated in September 2011.

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