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Summary Judgment: Clear and Unanswerable Claims re: Approach

HH18-10 : CENTRAL AFRICA BUILDING SOCIETY vs EPHISON NDAHWI
Ruled By: MAKARAU JP

This is an application for summary judgment. The plaintiff issued summons against the defendant on 10 September 2009 claiming the following: 1. Payment of the amount of US$52,579=51 with interest thereon capitalized monthly at the rate of 12% per annum from 7 September 2009 to date of payment in full; 2. Costs of suit on the scale between legal practitioner ...
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HH102-12 : GRAEME CHADWICK vs JG CONSTRUCTION
Ruled By: MATHONSI J

After hearing argument in this matter I granted summary judgment and said the reasons for doing so would follow. These are the reasons: The applicant and one Jacobus Andrew Summerfield are friends of long standing. This did not stop the applicant instituting summons action against the respondent, a company in which Jacobus Andrew Summerfield is Managing Director, ...
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HH115-12 : MUGANDANI ENTERPRISES (PVT) LTD T/A MUGA FOODS vs TRINPAC (PVT) LTD
Ruled By: MUTEMA J

This is an application for summary judgment. The basis of the application is that sometime in 2010 the respondent was supplied, upon request, on credit, cake flour by the applicant to its various branches throughout the country. The cake flour was valued at US$828,518=05. This amount was due and payable on 7 December 2010. The respondent acknowledged its ...
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HH29-12 : CHIEDZA CHIKOMO vs YISRAEL YEHUDAH
Ruled By: MAVANGIRA J

The following facts are common cause. On 22 January 2010 the parties entered into an agreement in terms of which the applicant lent the sum of US$9,500= to the respondent. It was an express term of the agreement that payment would be made within seven days from the date of lending. The respondent failed to ...
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HH64-10 : STATIONERY BOX (PVT) LTD vs NATCON (PVT) LTD and FARAI NDEMERA
Ruled By: MAKARAU JP

This is an application for summary judgment. On 6 October 2009, the plaintiff issued summons against the defendants claiming the sum of US$4,568=85 in respect of certain goods allegedly sold and delivered at the first defendant's special instance. In its declaration, the plaintiff alleged that during the period 22 April to 20 May 2009, the plaintiff supplied stationery ...