PORTLAND HOLDINGS LIMITED
(1) TUPELOSTEP INVESTMENTS (PROPRIETARY) LIMITED (2) TOBACCO WAREHOUSE & EXPORT t/a BAK LOGISTICS
SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, GOWORA JA & OMERJEE AJA
MARCH 12, 2013
T Mpofu, for the appellant
L Uriri, for the respondents
GOWORA JA: After hearing counsel in this matter, we allowed the appeal with costs and issued an order in the following terms:
“IT IS ORDERED THAT:-
The appeal succeeds with costs.
The judgment of the court a quo is set aside and substituted with the following:
“The application is hereby granted in terms of the draft order.”
We intimated that our reasons would follow in due course. These are they.
The appellant, hereinafter referred to as (“Portland”) and the second respondent hereinafter referred to as (“Bak Logistics”) are private companies duly registered as such under the laws of this country. Portland is a producer of cement which is sold both locally and externally. Bak Logistics provides warehousing and bulk storage services to the general public.
The first respondent, hereinafter referred to as (“Tupelostep”) is a company registered under the laws of South Africa. It has its headquarters in that country. It provides extensive haulage freight services throughout Southern Africa.
At the beginning of 2012, Portland obtained orders for the export of cement to Mozambique. Sometime in February or March 2012, Portland engaged Tupelostep to arrange the transportation of cement into Mozambique on its behalf. The terms of the contract obliged Portland to convey the cement to Tupelostep by rail. In turn, Tupelostep would arrange for the storage of the cement pending receipt of export documents from Portland. In order to comply with its obligations under this contract, Tupelostep entered into an agreement with Bak Logistics for storage and warehousing of the cement pending its conveyance to Mozambique. On receipt of clearance documents from Portland, Tupelostep would then arrange for the transportation of the cement by road. The process would, on occasion, entail the hire of vehicles from third parties. There was however, no contract between Portland and Bak Logistics, and Portland was not privy to the contract between Tupelostep and Bak Logistics.