Judgment No. SC 24/18 Civil Appeal No. SC 455/16 between the parties, and, if so, the terms thereof. Further, whether the appellant was entitled to refuse to release the container until payment of the handling fee of $80.50 had been made and, if not, whether the respondent had suffered damages in the amount claimed in the summons. [8] During viva voce evidence the respondent, represented by its managing director, Albert Kuwaza, stated as follows. His company ordered the plastic bags from China and, through the supplier, engaged the appellant at its offices in China to transport the merchandise from China to Mutare, Zimbabwe. Once the goods were in Mutare the appellant then demanded payment of the sum of $1750 which it alleged was owed by a Mrs Kuwaza, wife of one of the respondent’s directors, in respect of a previous transaction. The issue of the handling fee of $80.50 was raised by the appellant for the first time in October 2012, way after a client who had placed an order for the bags had cancelled the purchase. [9] Under cross-examination, he conceded that, in fact, the company with which he contracted in China was Richer International and that Richer International in turn contracted with Mediterranean Shipping to transport the goods to Mutare. He further conceded that the clearing fees were paid directly to Green Motor Services, the company that was operating Mutare Dry Port and not to the appellant. He told the court, further, that as far as he was concerned, the appellant, Mediterranean Shipping and Green Motor Services were part of the same company. [10] Following the dismissal of an application for absolution at the close of the plaintiff’s case, the appellant’s managing director, Dr Giorgio Spambinato, gave evidence before 4