On 24 November 2016, I granted an application for dismissal for want of prosecution made in terms of rule 236 (3) (b) of the rules of the High Court, 1971. The fuller reasons for so doing have been requested and these are they. More
The plaintiff and the defendant entered into an agreement for the supply of fertilizer. Pursuant to that agreement the plaintiff alleged that it paid US$124 500 to the defendant fertilizer. The defendant failed to deliver. The plaintiff therefore issued out summons for payment of the $124 500 being restitution for the amount paid and interest at the prescribed rate of 5% per annum from 22 September 2017 to the date of payment in full, and costs of suit on an attorney client scale. More
The circumstances giving rise to these proceedings are these. On 21 August 2002, the parties signed a contract in terms of which Delta Operations (Pvt) Ltd. (“Delta”) would deliver a quantity of barley suitable for use as stock feed to Origen Corporation (Pvt) Ltd (“Origen”) during June and July 2002 and in return Origen would deliver during October 2004 an equivalent quantity of barley suitable for brewing. The relevant provisions of the agreement are these –
“1.1 During the month of June and July 2002 Netbrew shall supply to Origen at the Northern Products grain silos in Chinhoyi a quantity... More
On 12 May 2017, the plaintiff issued summons against the defendant claiming payment of $5 198 076.92 representing its 51% share of profits for three years from 2014-2016 in terms of an indigenisation agreement together with prescribed interest from 31 June 2014 and collection commission. More
