Common use of Flynote Clause in Contracts

Flynote. Contract - Agreement to renovate Company Law - Body Corporate - Representation of The respondent was renting two adjoining plots in Kitwe from the appellant. With the consent and agreement of the appellant’s Managing Director of the day, the respondent constructed a block of offices and a machine shop. The building plans were processed with the City Council through the then Managing Director. The respondent sued to recover K19 Million the cost of the buildings, pursuant to the agreement and successfully applied for summary judgment. The appellants sought to resist the claim by alleging - through its new Managing Director - that there was no such agreement; that the buildings were illegal; and that the value was not as claimed. The appellants claims were made despite documentary evidence which showed that the previous management had indeed agreed as alleged by the respondent and that a valuation had been done. At the time of hearing the appeal, the appellant was still collecting money from the tenants in those renovated offices. The issue of whether a body corporate could act “in person” also arose.