This is an application for costs. At the hearing of this matter, the applicant withdrew its urgent application without an offer of costs.The first respondent requested the court for an order of costs resulting in the question of costs was reserved pending the filing of heads of argument on the ...
This is an application for costs. At the hearing of this matter, the applicant withdrew its urgent application without an offer of costs.
The first respondent requested the court for an order of costs resulting in the question of costs was reserved pending the filing of heads of argument on the subject by both parties.
The first respondent seeks an order of costs on the legal practitioner client scale, alternatively, costs on the legal practitioner-client scale de bonis propriis.
The brief background to this application is as follows:
The applicant provides a container depot for the storage, detention, unpacking, and examination of containers or the contents of containers or for the delivery of importers of contents of containers after the contents have been duly entered.
The applicant is a licensed container depot.
The second respondent (Bollore Africa Logistics Zimbabwe (Pvt Ltd) was cited as an interested party having arranged transport of the consignment of sugar which forms the subject matter of this application.
The third and fourth respondents (Minister of Industry and Commerce N.O. and Minister of Agriculture, Mechanisation and Irrigation Development N.O.) are the minsters responsible for issuing permits and licences for importation of goods into the country.
The fifth respondent is the Commissioner General of the Zimbabwe Revenue Authority, the authority responsible for the administration of the Customs and Excise Act [Chapter 23:02].
Between March and October 2014, the applicant received containers containing sugar and other goods belonging to the first respondent. The rest of the goods were cleared leaving containers of sugar. The first respondent was required to obtain a licence and permit from the third and fourth respondents, pay import duty to the fifth respondent and clear the goods, and pay the applicant's storage and handling charges.
The applicant averred, that, the first respondent had failed to obtain the necessary licence and permit to allow the importation of the sugar held by the applicant.
The applicant submitted, that, the first respondent's licence, from the third respondent, for the importation of the sugar into Zimbabwe, was to expire on 24 September 2005. It contended, that, sugar is a perishable and its value was continuing to deteriorate as each day passed.
On 15 September 2015, the applicant filed an urgent chamber application seeking an order to compel the first respondent to pay for licences, permits, and import duty to the third to fifth respondents to enable the first respondent to clear and remove the sugar stored at the applicant's premises.
In the event of the first respondent's failure to do so, the applicant sought an order compelling the third and fourth respondents to grant to the applicant the necessary permits and licences entitling the applicant to import the sugar into Zimbabwe, sell the sugar, and pay the fifth respondent out of the proceeds of the sale and recover its storage costs.
The court initially declined to deal with the application on the basis that it was not urgent and only agreed to entertain the application after an appeal by the applicant....,.
Although the court found that the matter was not urgent, this in no way means that the applicant had no cause of action against the first respondent.
The applicant was holding its sugar and the first respondent was not clearing it or facilitating that process.
When the application was lodged, the respondent had not paid for clearance of the sugar.
The applicant was entitled to compel the first respondent to clear the sugar - and by a certain date....,.
The applicant made its application on 15 September 2015 seeking an order against the first respondent to “effect all such payment as is required to clear and to remove” its sugar held at the applicant's depot.
