What remains standing out as the only defence which the respondent is clutching to, as if life itself depends on it, in resisting this application for summary judgement in the sum of $31 238-00 in statutory dues, is that the applicant should have supplied the further particulars it requested on 27 October 2015 to particularise how the sum claimed is arrived at and the basis for claiming interest from January 2014. That interesting state of affairs was achieved after Mr Chiwara for the respondent and myself had exchanged notes as a result of which he promptly abandoned the other three... More
The plaintiff issued summons against the defendant, claiming payment of $106 665.24 comprised of outstanding council levies, pension fund dues and trade union contributions due on a collective bargaining agreement for the catering industry.The defendant raised a special plea that all claims prior to 1 September 2012 had prescribed. For the unprescribed amount, the defendant had no obligation to meet the same as it was unconstitutional to force it to belong to any employer’s organisation contrary to its right of freedom of association, and further and in any case, the statutes relied on by plaintiff to ground its claim were... More
The facts and legal background of the matter are common cause: at all material times the defendant was a member of the pension fund for the National Employment Council (NEC) for the Catering Industry as required by s 8 of the Industrial Agreement: Catering Industry, S.I. 359 of 1980. On 10 March 2016 defendant notified plaintiff in writing of its intention to cease its membership with the plaintiff’s pension fund and to stop all contributions by 1 April 2016.
Plaintiff advised defendant that it could not resign membership but ought to seek exemption. Defendant was subsequently denied such exemption. On... More
The plaintiff claims damages based on the following common cause facts;
An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to transfer its rights, title and interest in Stand 10482 Seki Township, [hereinafter referred to as the stand], as security for the debt.The plaintiff commissioned production of a valuation report of the stand. A mortgage bond was registered over the property and the stand was valued at $250 000.00. Superbake defaulted. The plaintiff entered into an agreement with its debtor in... More
I will refer to the parties as “NSSA” and “Council” respectively.
The facts of this matter are set out in my judgment in HH 385/18 wherein I disposed of Council’s defence of prescription.
For convenience, I will briefly summarise the facts. They are to a large extent common cause.
In April 2002 and at Mutare the parties entered into two separate written agreements of sale.
The provisions of the agreements were identical.
The major difference was that the first agreement was in respect of the sale of 950 residential stands in Fernhill, Mutare whereas the second had the sale of... More
The remedy of provisional sentence is available by virtue of r 20 of the High Court Rules, 1971 to a party who is the holder of a valid acknowledgement of debt, commonly known as a liquid document, who may issue summons for provisional sentence based on that document. As stated by the learned authors Herbstein and van Winsen, The Civil Practice of the Superior Courts in South Africa, 3 ed, Juta & Co Ltd at p 541:
“The essence of the procedure then and now is that it provides a creditor who is armed with sufficient documentary proof (a liquid... More
The facts are that on 13 December, 2017, the complainant, Charles Chipimbiro was driving a Toyota Toyoace 3120 tonne truck registration number AEJ 3585 towards Harare along the Harare Bulawayo Road. More
