The application is one for summary judgment. It has its genesis in a contract which the applicant and the first respondent concluded in October, 2016. More
On 14 February 2017 after hearing both counsels and having considered the written submissions in the record we dismissed the appeal with costs. We gave an ex tempore judgment. On 2 May 2017 we were requested to avail written reasons for our disposition. More
After hearing argument from counsel I upheld the special plea, stayed these proceedings and referred the parties to arbitration.
These are my reasons for the judgment.
The plaintiff, on the basis of a cancelled written agreement which had been entered into between the parties on 8 December 2013 at Harare issued summons against the defendant. Summons was issued on 29 November 2016. More
Plaintiff, Mike Belinsky, (“Belinsky”) was driving his Cherokee Jeep in the inner lane eastwards along Paisley Road towards ZBC complex in Mbare. Two lanes are on each side of this road. Beside him was a commuter omnibus belonging to Tonderayi Chipere, (“Chipere”) the defendant. There appeared ahead both of them a road block manned by officers of the Vehicle Inspection Department. Suddenly the commuter omnibus driver swung to his right colliding into Belinsky’s Jeep. Belinsky holds Chipere liable as owner of thus bus for the cost of repairs to his Jeep. Chipere denies liability on the basis that the driver... More
