This is an application which, in the main, seeks an order ad pecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment. Alternatively, the applicant asks for an order that the respondents pay the applicant the sum of US$179, 541.45, jointly and severally, the one paying the others to be absolved. In addition, the applicant seeks an order nullifying... More
In more than three quarters of the opposed court applications filed in this court, respondents raise one or more preliminary points. This is one such case. In some instances, preliminary points are argued to greater length than the merits of the case itself. This invariably results in judgments to dispose the preliminary points which may either succeed or fail. In casu, the 1st, 2nd, 3rd, 6th and 7th respondents raised a number of preliminary points which are subject of this judgment. More
[ 1] Plaintiff, a peregrine entity, seeks to recover monies lent and advanced to first defendant, a local company. The second and third defendants were sued in their capacity as sureties and co-principal debtors.
[ 2] Plaintiff closed its case after the testimony of its single-Mrs Melina Matshiya-a senior legal practitioner. Mr. Uriri for the defendants moved the court to grant absolution from the instance. Counsel premised his application on two arguments;-(a) that plaintiff had tendered no evidence at all before the court. Mrs Matshiya, its representative and sole witness lacked valid authority to represent it and was as such,... More
PATEL J: This matter arises from a collision that occurred on 20 July 2009 between the plaintiff’s truck and a motor vehicle driven by the 1st defendant’s deceased husband. The plaintiff claims the replacement value of its vehicle, damages for loss of income and goods, together with interest and costs of suit More
On 5 June 2012 I handed down an ex tempore judgment for the registration of an arbitral award made in favour of the applicant against the respondent on the basis that there was no merit in the opposition to such registration. More
