TOLROSE INVESTMENTS (PRIVATE) LIMITED
SWIMMING POOL & UNDERWATER REPAIR COMPANY
HIGH COURT OF ZIMBABWE
HARARE, 6 June 2018
R Bwanali, for the plaintiff
V. Muza, for the defendant
MUSHORE J: This is a claim by the plaintiff for payment in the sum of US$340,000-00, arising from work done and performed by the plaintiff under a contract between the plaintiff and the defendants dated the 25th July 2015. The whole contract is recorded in two documents, those being a Service Level Agreement dated the 25th July 2015 and an Addendum to the Service Level Agreement dated the 1st November 2016. Both documents were signed by the parties.
The plaintiff is a Mining Service Provider (or consultant) specialising in regularising the paperwork pertaining to mining matters. He is a type of ‘fixer’ of problems arising in the mining industry. The first defendant is a company which purchased and held gold mining claims. The second defendant is the first defendant’s holding company.
It is common cause that prior to the defendants hiring the plaintiff, the defendants’ mining activities at Glencairn Mine were being illegally disrupted by a company called Xelod Investments which had illegally transferred gold mining claims belonging to the first defendant to Xelod Investments. In addition, Xelod Investments had taken physical control of the first defendant’s mining operations and was blocking first defendant’s principals and employees’ access to their own mining claims. Thus on or about July 2015, the defendants hired the plaintiff, in his capacity as a Service Provider to assist them in gaining control of their mining claims and entered into the following agreement:-