Michelle Osvaldo Filannino (“Michelle”) who holds 70% share in Harare Produce Sales (Pvt) Ltd (“HPS or “the Company”) and Theresa Grimmel (“Theresa”), the judicial manager of the company, have been at each other’s throats for over three consecutive years. The dispute which exists between them started in 2018 to date.
He applies for removal of Theresa from the position of judicial manager of the company. She opposes his application and she applies for liquidation of the company. He opposes her application and he applies for placement of a caveat on the tittle deed of the property which must be transferred... More
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
