Landlords granted right of automatic cancellation in breach by the Supreme Court

On the 25th of October 2022, the Supreme Court of Zimbabwe handed down a seminal judgment in the case of Rolen Trading (Private) Limited v Parkside Holdings (Private) Limited SC 106/2022. In the judgment the Court held, amongst other things, that where there is a written lease agreement with set dates on which rent should

UNPACKING ASSIGNMENT CLAUSES – A broad overview

We often see the clause below in many agreements we enter into; “ASSIGNMENTNo party may assign, transfer, sub-contract or otherwise part with this agreement or any partthereof or any right or obligation under it, without obtaining the other party’s prior writtenconsent thereto.ORA party may assign its rights under this Agreement to any affiliated entity which directly

Law on Guarantees in Zimbabwe

In this week’s blog post we discuss Zimbabwean law on contracts of guarantee. What is a contract of Guarantee? In simple terms a guarantee contract is an autonomous agreement between the guarantor and the creditor. It is essentially a promise by one party (the “guarantor”) that a second party (the “principal debtor”) will fulfil his

REMEDIES FOR BREACH OF CONTRACT

In this week’s blog, we will be discussing remedies that are available to an aggrieved party in instances where there is a breach of contract. A breach of contract occurs when a party to an agreement fails to fulfil any of the agreed-upon terms and conditions of the contract. When this occurs, the aggrieved party

EMPLOYMENT CONTRACTS IN ZIMBABWE

A few weeks ago, we looked at the difference between an independent contractor and an employee. This week we discuss employment contracts in Zimbabwe through a question and answer format of the most commonly asked employment law related questions in Zimbabwe. What are the key requirement of an employment contract? The first step would be

Essential elements of a lease agreement

In this article we take a look at the essential elements of a lease agreement.

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Voidable Contracts – A Zimbabwean Perspective

In this week’s blog, we discuss the voidable contracts in the Zimbabwean context, you will recall in the first blog of this series, we discussed the requirements for a valid contract. In the event that one of the requirements is not satisfied the contract is termed to be invalid or void ab initio (from the

Essentials of a Partnership Contract in Zimbabwe

In this week’s blog post we discuss partnership agreements, essential clauses and guidelines for registration. What is a partnership agreement? A partnership contract is a document which outlines the way a business partnership will be run. In terms of the Companies and Other Business entities Act, in Zimbabwe a partnership may have between 2 and

Why a non-compete clause is essential in an employment contract

What is a non-compete clause? A non-compete clause also known as a restraint of trade clause is a contractual clause created to prevent an employee from competing with the employer during employment and/or when the employee leaves the company. A non-compete clause can be time-bound and specific to a location and industry. Examples of a

The Importance of Non- Disclosure Clauses in Agreements

Often, we have wondered how do I share commercially sensitive information to progress a deal whilst protecting your business interests? Or how can I ensure that my trade secrets or inventions are kept safe whilst progressing business deals? In this week’s blog, we shall be discussing the importance of non-disclosure clauses in an agreement, mainly