: It is an ambitious claim. On 9 April 2010 the plaintiff issued summons in this Court seeking delivery of ten tobacco bulk curers and a payment of US$191 250-00 being damages caused by the alleged failure to deliver the tobacco curers by the defendant. More
The appeal was noted as against the decision by the Appeals Committee which confirmed Appellant’s dismissal from employment with effect from 2 September, 2011 on charges of “extortion-proved dishonesty.”
The facts surrounding the misconduct charges were that the Appellant who was employed as invoicing clerk, on the 4th of July 2010 used one Tendai Janha’s profile to generate on the computer an invoice for a non-trading company that is Madziwa Trading. The transaction turned out to be fraudulent as the Respondent lost goods through the delivery of goods to a person other than the purported customer shown on the invoice.... More
The plaintiffs’ story can be gleaned from their declaration. It is this:
In August 2009 the plaintiffs entered into a partnership agreement in terms of which the first plaintiff would import day old chicks from LA CHIX (PVT) LTD, a South African Company, to be sold locally by the second plaintiff. On 27 October, 2009 the first plaintiff made a telegraphic transfer of ZAR 128 350-00 from its account number 0622018874001 held with the defendant in favour of LA CHIX’s Standard Bank South Africa account number 200240684 for the purchase of day old chicks. On 28 October, 2009 ZAR 15... More
This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from both legal practitioners for reasons appearing later in this judgment. More
The plaintiff is the only child of the defendant, the defendant’s only other progeny, AlbertinaAurthur, also a daughter, having passed away some time back leaving only the two parties after the defendant had divorced their father, who also passed away in 2010. More
The respondent filed a court application on 13 August 2012 against 113 respondents including the 11 applicants in this matter, in case No. HC 9587/12. That application was served on the same date with the respondents or their representatives signing a copy of the court application in acknowledgment of service. More
