It is common cause that there is a business relationship between applicant and 2nd respondent. Applicant and 1st respondent have a contract for the supply of coal to applicant. On the other hand applicant has a similar contract with 2nd respondent. First respondent has a contract with 2nd respondent for the mining of coal destined for the foreign market. There is a clause in this contract which bars the 2nd respondent from unconditionally selling coal to the applicant. More
At the close of the plaintiff’s case Mr Kwenda, who appeared for the 1st defendant moved the court to grant absolution from the instance which application was strenuously opposed by Mr Majoko for the plaintiffs.
Mr Kwenda’s application was anchored on a number of factors which I must confess completely took the court by surprise especially given the nature of the joint pre-trial conference minute filed by the parties in this court on 31 May 2017.
The 1st defendant’s counsel attacked what he perceived to be the shortcomings in the pleadings filed by the plaintiffs, the alleged lack of locus... More
This matter came before me as an opposed matter. I dismissed the application with costs and below are my reasons for the dismissal.
The first applicant contends that he is the son of the late Philip Mpofu. The 2nd to 4th applicants are his siblings whom he says have granted him authority to act on their behalf. Second applicant filed his own founding affidavit associating himself with the contents therein. The 3rd and 4th applicants’ Powers of Attorney granted to 1st applicant are filed of record.
The fist respondent is the estate of the late Joel Mpofu who was his... More
This urgent chamber application was filed on the 8th January 2019. I was only able to hear full argument in this matter on the 4th December 2019. I reserved judgment. This now is my ruling More
