The High Court of Zimbabwe has partially upheld an appeal by consultant Simbarashe Mujuru against CEO Africa Roundtable, setting aside part of a Magistrates Court judgment and ordering payment of outstanding fees arising from a Service Level Agreement signed in February 2023.
In a judgment delivered by Justices Garainesu Mawadze and Neville Wamambo, the court ruled that CEO Africa Roundtable must pay Mujuru US$4,500 in unpaid programme costs under the agreement, while dismissing his claim for an additional US$1,610.14 in alleged extra expenses. The respondent was also ordered to pay the appellant’s costs.
The dispute arose from a Service Level Agreement concluded on 8 February 2023, under which Mujuru was engaged as a consultant to organise and facilitate a business mission to the United States for CEO Africa Roundtable and its members.
The agreement provided for a consultancy fee of US$15,000 and programme costs capped at US$4,500, with any additional expenses requiring prior approval from the client.
Mujuru instituted proceedings in the Magistrates Court claiming a total of US$6,110.14, comprising US$4,500 in outstanding remuneration and US$1,610.14 for expenses allegedly incurred on behalf of CEO Africa Roundtable.
The Magistrates Court dismissed the claim in its entirety, finding that Mujuru had been paid all amounts due under the agreement and that the additional expenses had not been authorised.
On appeal, the High Court found that the Magistrates Court had misdirected itself in concluding that all amounts due under the Service Level Agreement had been paid.
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Justice Wamambo, writing for the court, held that the respondent had failed to discharge the onus of proving full payment of the agreed amounts, noting that the evidence led by the respondent’s witnesses was unclear and unsupported by documentary proof.
The court further found that the Magistrates Court erred by introducing and making findings on an alleged verbal contract, an issue that had not been pleaded or canvassed by the parties.
It also held that the lower court failed to consider evidence suggesting an acknowledgement of indebtedness by the respondent, including correspondence indicating that the respondent’s chief executive officer had acknowledged the outstanding amount.
However, the High Court agreed with the Magistrates Court’s conclusion that Mujuru had not proven entitlement to the US$1,610.14 claimed as additional expenses.
The court held that the Service Level Agreement expressly required prior approval for any costs beyond the capped programme amount of US$4,500, and that no express authorisation for the additional expenses had been established on the evidence.
As a result, the High Court partially set aside the Magistrates Court judgment and granted Mujuru’s claim for US$4,500, or its Zimbabwean dollar equivalent at the prevailing interbank rate at the time of payment.
The claim for US$1,610.14 was dismissed, and CEO Africa Roundtable was ordered to pay Mujuru’s costs of suit.
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