W. CORNISH (PRIVATE) LIMITED
HIGH COURT OF ZIMBABWE
HARARE, 6 February 2018 & 8 August 2018
M Moyo, for the plaintiff
P Chakanyuka, for the defendant
MUSHORE J: Plaintiff is suing the defendant for the recovery of US$7 541.41 which he alleges is made up of (a) a consultancy fee in the amount of US$2 500.00; (b) commission and (c) telephone bills arising from a verbal agreement which it states it entered into with the defendant company. The terms of the agreement as alleged by the plaintiff, were that the plaintiff would be paid a consultancy fee in the amount of US$3 125.00 and commission calculated at 10% for helping the defendant to set up and run a panel beating; sales and engineering shop at No. 14 Martin Drive, Msasa. In its declaration the plaintiff stated that the 10% would be calculated from the sales profit of all new business generated by it. Plaintiff alleged that the 10% commission which was the equivalent of 10% profit on sales for the months August 2014 to November 2014, was in the sum of US$7 541.41, and the sum due for the telephone bills was US$113.00.
In its plea, the defendant admitted that there was such a contract entered into between the parties; and that the plaintiff was due consultancy fees; payment of telephone bills and the use of a motor vehicle supplied by the defendant and reasonable monthly fuel. Defendant averred that it agreed to pay the plaintiff commission calculated at 10% on sales profit, but was challenging the figures which the plaintiff came up with, stating that the business did not accrue