Schweppes Zimbabwe (PVT) LTD has lost a lawsuit involving 247 million rand with a South African supplier Blackey Investments (PVT) LTD.
High Court Judge Justice Tawanda Chitapi said a party to a
contract should not be allowed to seek to invoke exchange control regulations
as a way out of an obligation and where that party seeks to do so there must be
congent evidence to show that the law was contravened.
“Accordingly the plaintiff has not made out a case for the
issue of the declaratur as sought. It is ordered that the application by
Schweppes be and is hereby dismissed with costs,” said Justice Chitapi.
Schweppes was represented by Advocate Thabani Mpofu
instructed by Wintertons while Blackey Investments was represented by Advocate
Firoz Girach instructed by Atherstone & Cook. Herald
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