Judgment No. SC 24/18 Civil Appeal No. SC 455/16 PROCEEDINGS A QUO [5] In its declaration, the respondent alleged that it had imported a container of plastic bags from Hong Kong and that it had engaged the appellant as its agent to facilitate the importation and clearing of the goods with the Zimbabwe Revenue Authority(“ZIMRA”). It alleged that, notwithstanding the fact that it had paid the import duty and appellant’s clearing fees, the appellant had refused to release the container on the basis that it was owed money from a previous transaction by the wife of one of the respondent’s directors. It alleged that consequent upon the refusal by the appellant to release the container, a client who had placed an order with it for plastic bags had cancelled the order as a result of which the respondent had suffered damages in the amount claimed. [6] In its plea, the appellant, as defendant, denied that it had entered into a contract of agency with the respondent. It alleged that it had been contracted by the shipper (a term used in the freight business to denote the person who prepares the necessary documentation for the carriage of goods), Hong Kong Richer Int’l Group Limited (”Richer International”), to transport the cartons of plastic bags CIF Mutare. It alleged that it duly discharged its obligations to deliver the container to Mutare Dry Port after which the respondent became liable to pay its administration fee relating to the Bill of Lading and the container in the sum of $80.50. The appellant accepted that it refused to release the container before payment of the administration fee in the sum of $80.50 had been made. [7] At a pre-trial conference before a judge in chambers, the parties agreed the issues to be determined at the trial. The issues included, inter alia, whether a contract existed 3