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Intent or Animus Contrahendi re: Proprietory, Financial Interest and Nominal Parties

HH112-12 : ASTRA STEEL & ENGINEERING SUPPLIES (PVT) LTD vs P M MANUFACTURING (PVT) LTD
Ruled By: MUTEMA J

In March 2008, the plaintiff and the defendant concluded an agreement in terms of which the plaintiff paid Z$2,750,000,000,000= (two trillion seven hundred and fifty billion dollars) for 2,200 x 195R14 brand new tyres which the defendant allegedly agreed to deliver by 2 March 2008. To date, the defendant has only delivered 200 tyres leaving ...
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HB03-13 : AGRICULTURAL DEVELOPMENT BANK OF ZIMBABWE T/A AGRIBANK vs PRITCHARD ZHOU and PERSEVIARANCE ZHOU
Ruled By: CHEDA J

The crux of the respondent's argument is that the Grain Marketing Board failed to timeously avail its inputs to them. This, indeed, may be a valid argument, but, what comes into sharp focus is whether or not the Grain Marketing Board was part of the Loan Agreement. If it was, then, the respondents should have ...
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Appealed
SC27-14 : WYNINA (PVT) LTD vs MBCA BANK LIMITED
Ruled By: GARWE JA, GOWORA JA and OMERJEE AJA

COULD THE CLAIM BY THE APPELLANT BE DECIDED WITHOUT HAVING THE RBZ JOINED AS A PARTY? It is worth noting that on the evidence adduced by the plaintiff very few of the tobacco farmers have been paid under the 2008 scheme. Those claims that have been met are said to be under USD$1,000= in value. ...
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SC50-14 : DIPAK PATEL and RAYMOND LOUW vs HAVELOCK COURT (PRIVATE) LIMITED and KANTORA (PRIVATE) LIMITED
Ruled By: GWAUNZA JA, PATEL JA and GUVAVA JA

As for the equities, it is common cause that the first appellant was not a party to the debt restructuring arrangement between Mahomed Jassat and Allen Wack Shepherd (Pvt) Ltd. It is also common cause that he did not receive any consideration from Allen Wack Shepherd (Pvt) Ltd for ...
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HH305-14 : FAIRDROP (PVT) LTD vs CAPITAL BANK CORPORATION LTD and JOURNET TRADING PL and ELSPENCE INVESTMENTS PL and OTHERS
Ruled By: MATHONSI J

At the request of the parties to these two (2) applications, I agreed to hear both of them simultaneously given that the matters are related and arise from the same issue.In the first application, namely, HC3020/13, the applicant seeks to join the 15threspondent, the Eastern and Southern African Trade and ...
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SC83-20 : ARISTON HOLDINGS LIMITED vs THE COMPETITION AND TARIFF COMMISSION OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

This is an appeal against a decision of the Administrative Court upholding the penalty imposed on the appellant by the respondent for the non-notification of a merger that it was a party to.FACTUAL BACKGROUNDThe appellant is a holding company registered and operating in Zimbabwe whose shares are tradable on the ...
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Appealed
HH287-20 : PENELOPE STONE and RICHARD BEATTIE t/a THE STONE/BEATTIE STUDIO vs CENTRAL AFRICAN BUILDING SOCIETY and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT
Ruled By: ZHOU J

A party may be joined in proceedings before a court if that party has a direct and substantial interest in the subject matter and outcome of the application. The authorities show, that, what is required is a legal interest as opposed to a financial or commercial interest which is only ...
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SC127-21 : MIDLANDS STATE UNIVERSITY vs GALAXY ENGINEERING DESIGN CONSULTANTS (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, BHUNU JA and MATHONSI JA

This is an appeal against the judgment of the High Court (the court a quo) rendered in favour of the respondent on 24 July 2019 following a full trial. The judgment directed the appellant to pay to the respondent interest on the sum of $84,827=17 at the rate of 19.5% ...
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HH149-16 : ZIMASCO (PRIVATE) LIMITED vs COMMISSIONER GENERAL OF THE ZIMBABWE REVENUE AUTHORITY
Ruled By: HLATSHWAYO J

On 23 January 2015, after hearing counsel and having gone through papers filed of record, and the parties having failed to settle the matter on the basis of recent precedent, I gave an order dismissing the appeal with costs and indicated that reasons thereof will follow in due course.I now ...
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HH310-11 : CHINA SHOUGANG INTERNATIONAL vs STANDARD CHARTERED BANK ZIMBABWE LTD
Ruled By: BERE J

The facts, which are fairly straightforward and common cause in this matter, can safely be summarised as follows:The applicant is a company duly registered and incorporated in terms of the laws of Zimbabwe. The respondent is a registered commercial bank with a number of branches in Zimbabwe.The applicant runs two ...
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