Delta Beverages Holdings (PVT) LTD has lost an attempt to overturn a High Court Judgement granted last year in a long-standing legal battle with South African conglomerate Blackey Plastics over a 5 year supply chain agreement involving USD125 million dollars.
With the concurrence of the whole bench, Supreme Court Judge Alphas Chitakunye sitting with Justice Chinembiri Bhunu and Justice Lavender Makoni upheld the High Court decision by Justice Webster Chinamora.
“The High Court’s finding that the written agreement was an act of the appellant cannot be faulted given the evidence placed before it. Delta Beverages is bound to the contract it entered into.
“As the contract provided for amendment, if Delta Beverages realized they had not bargained well, its recourse was to seek amendments in terms of the contract.
“The appeal is without merit and accordingly, it is ordered that the appeal be and is hereby dismissed with costs.”
Delta Beverages’ major subsidiary Schweppes Zimbabwe (Pvt) Ltd also recently lost a Supreme Court appeal in an attempt to wiggle out of another 265 million rands existing supply chain agreement involving the same supplier Blackey Plastics (PTY) LTD.
“It doesn’t rain but it pours”.
Earlier this year in February, Justice George Chiweshe sitting with Chinembiri Bhunu and Justice Joseph Musakwa dismissed their appeal and upheld the High Court decision by Justice Tawanda Chitapi with an extempore Judgement.
On both matters, Delta Beverages was represented by Advocate Thabani Mpofu instructed by Scanlen & Holderness legal practitioners while Blackey Plastics was represented by Advocate Feroz Girach instructed by Atherstone & Cook legal practitioners.