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Rockshade ordered to refund Methodist Church
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The High Court has ordered Rockshade Car Rentals and Tours to refund the Methodist Church in Zimbabwe (MCZ) US$7,125 after the company failed to provide a 60-seater luxury bus as contracted, instead offering an inferior vehicle.
Justices Benjamin Chikowero and Happias Zhou upheld a Magistrates' Court ruling that found Rockshade in breach of contract, dismissing the firm's appeal except for a directive that the refund be paid within 24 hours. The judges ruled that while the church is entitled to a refund and costs, Rockshade will not be bound to the 24-hour payment timeline.
"The letter says it all," the judges remarked, referring to MCZ's detailed complaint dated 21 March 2025, which Rockshade never responded to. "What this means is that the appellant never disputed the terms of the contract as spelt out by the respondent… and never disputed breaching the contract."
MCZ had booked and paid for a new 60-seater bus to transport 60 congregants to a seminar in Botswana in April 2025. However, Rockshade later revealed it only had a 50-seater bus that was already hired out. The company instead offered a 57-seater described by the church as "very old," with torn seats, a dirty fridge and toilet, and earmarked for scrapping.
With more passengers than available seats, the substitution created a logistical crisis. The court ruled that this amounted to repudiation of the contract. "By refusing to avail the 60-seater bus (having earlier misrepresented to the respondent that it had the bus), the appellant repudiated the contract," the judgment read.
The High Court concluded that the church acted correctly in demanding a refund once Rockshade indicated it would not meet its contractual obligations.
"All other grounds of appeal are red herrings. Nothing turns on them," Justice Chikowero ruled.
Rockshade must now pay back the US$7,125 and bear the costs of suit, while each party will cover its own costs of appeal.
Justices Benjamin Chikowero and Happias Zhou upheld a Magistrates' Court ruling that found Rockshade in breach of contract, dismissing the firm's appeal except for a directive that the refund be paid within 24 hours. The judges ruled that while the church is entitled to a refund and costs, Rockshade will not be bound to the 24-hour payment timeline.
"The letter says it all," the judges remarked, referring to MCZ's detailed complaint dated 21 March 2025, which Rockshade never responded to. "What this means is that the appellant never disputed the terms of the contract as spelt out by the respondent… and never disputed breaching the contract."
MCZ had booked and paid for a new 60-seater bus to transport 60 congregants to a seminar in Botswana in April 2025. However, Rockshade later revealed it only had a 50-seater bus that was already hired out. The company instead offered a 57-seater described by the church as "very old," with torn seats, a dirty fridge and toilet, and earmarked for scrapping.
The High Court concluded that the church acted correctly in demanding a refund once Rockshade indicated it would not meet its contractual obligations.
"All other grounds of appeal are red herrings. Nothing turns on them," Justice Chikowero ruled.
Rockshade must now pay back the US$7,125 and bear the costs of suit, while each party will cover its own costs of appeal.
Source - NewZimbabwe
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