Pleaes prepare briefs for the respondent and the Appellent

background of facts

The appellant appeals from a judgment by the Court of Appeal dismissing its claims against the respondent to rescission of an agreement for the purchase of a storage container and damages for breach of warranty, and awarding damages to the respondent.

1. The appellant Mwansa and Co. carries on business in Lusaka selling cement and bricks near different construct sites across the city. The respondent Shaw Ride Ltd on the other hand is dealer in motor vehicles and storage facilities, both movable and immovable ones.

2. It carries on business in Mansa. In January, 2016, the appellant's managing director, Mr Mark Samfya, approached Mr Mwamba Mwamba, an employee of the respondent, with a view of purchasing a new galvanised steel container at the price of K50.00 for the business of the appellant.

3. A week later, a GVW 20ft container was delivered to the appellant by a consignor. The appellant examined it and was very dissatisfied with it; there were several defects which required rectification: "peeling paint; multiple dents; some holes through the base; and rusted door".

4. The appellant's secretary who was present, made list of the defects and handed it to the consignor after having called Mwamba. Mwamba had then agreed that the defects would be rectified and a deposit of K15.00 was paid.

5. The appellant agreed to take delivery of the container on condition that these defects would be rectified. Since the respondent failed to rectify the defects within reasonable time, the appellant decided to engage someone to repair the container.

6. After two months of using it, the appellant averred that it was entitled to rescind the contract on the premise that there was a breach of a condition. It claimed back the deposit plus K20.00 for the repairs.

7. However, the respondent contended that recession was not a right that the appellant had at this time and thus, sued on this basis and for the rest of the purchase price. 8. The appellant instituted a counter-claim but was unsuccessful, hence the appeal.

Mwansa and Co. is now in the Supreme Court on appeal against this judgment, and has for this task engaged the services of prominent lawyers____________________________ and __________________________while Shaw Ride Ltd has secured the services of well-respected Counsel__________________________and _______________________________ for its response. May all Counsel herein mentioned proceed to make their submissions in readiness for Court.