SUPERBAKE BAKERIES (PRIVATE) LIMITED
RUMTOWERS SECURITY (PRIVATE) LIMITED
IN THE SUPREME COURT OF ZIMBABWE
GWAUNZA JA, GARWE JA & GUVAVA JA
BULAWAYO, JULY 28 & 30, 2014
No Appearance, for the appellant
N Mlala, for the respondent
GUVAVA JA: This is an appeal against the whole judgment of the High Court, Bulawayo, dated 22 February 2011 granting summary judgment against the appellant in the sum of US$6 000.
The facts that were common cause in this matter were as follows. On 16 February, 2007 the appellant and the respondent entered into an agreement in terms of which the respondent offered security services to the appellant for a fee. In terms of the agreement the respondent provided the appellant with security guards to guard its premises twenty four hours a day. The respondent provided three security guards during the day who worked a twelve hour shift and two security guards during the night for the remaining twelve hours.
On 30 June 2009 the appellant summarily cancelled the agreement. The respondent issued summons claiming a total of US$6 000. Of that amount US$3 000 was for services rendered during the months of April, May and June 2009. The remaining US$3 000 was claimed as damages in lieu of three (3) months’ notice of termination of the agreement.
The appellant entered an appearance to defend and filed a plea in which it denied liability. The appellant opposed the claim on three grounds. It stated in its plea that in terms of the agreement between the parties, payment was to be made in Zimbabwe dollars. It argued that there was no agreement between the parties that required it to make any payment in United States dollars. The appellant also submitted that it had been incorrectly cited as defendant in view of the fact that there was no company called Superbake Bakeries (Pvt) Ltd. Finally it submitted that it had no obligation to pay the money claimed as the respondent’s security guards had stolen goods from its premises.