The plaintiff issued summons against the defendants, jointly and severally, the one paying the others to be absolved for payment of $207 344.16, being the purchase price of equipment purchased by the 1st defendant, represented by the 2nd defendant, which debt the 1st defendant acknowledged verbally and in writing. The claim against the 2nd and 3rd defendants in their personal capacities as directors of 1st defendant is predicated upon the provisions of s318 of the Companies Act [Chapter 24:03], in that, firstly, 2nd defendant personally undertook to liquidate the date from his personal resources. Secondly, 2nd and 3rd defendants acted... More
On the 10th September 2015 the plaintiff sued the defendant for among others:
1. Payment of the sum of US$203 355.88
2. Interest on the above amount at the rate of 22% per annum reckoned from the date each invoice became due and payable to date of payment in full.
3. Collection commission calculated in accordance with by-law 70 of the Law Society of Zimbabwe By-Laws, 1982; and
4. Costs of suit from the defendant on a legal practitioner and client scale. More
[1]This is an application for summary judgment made in terms of r30 of the High Court Rules, 2021. For consistency, I propose to refer to the parties as they are cited in the main action.
[2]On 14 February 2023, the plaintiff issued summons against the defendant claiming delivery of a motor vehicle, namely a Ford Ranger registration number AEF 7621 (‘the motor vehicle’), being a vehicle owned by the plaintiff and which, the plaintiff claimed, the defendant possesses without lawful cause. On 1 March 2023, the defendant filed a notice of entry of appearance to defend, followed by a plea... More
The background, relevant to the present proceedings, is that sometime in 2008 the applicants entered into a tribute agreement with the owner of Dodge Mine (the mine) the second respondent represented by the third respondent. The tribute agreement was to run for a period of 3 years. At the time the parties entered into the agreement, there was an understanding that the then tributor Morris Tendayi Nyakudya and Vambe Mills Pvt Ltd would vacate the mine in May 2008. They resisted vacating the mine. The applicants and the respondents then instituted proceedings against them. The dispute was resolved by Patel... More
Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
