SC 40-14 - MINE MILLS TRADING & 2 ORS v NJZ RESOURCES (HK) LTD

  1.     MINE     MILLS     TRADING     PRIVATE     LIMITED (2) CHARLES     CHISANGO    (3)    KEVIN      MAKONI

v

NJZ     RESOURCES     (HK)     LIMITED

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, GOWORA JA & GUVAVA JA

HARARE, JANUARY 31, 2014

T Magwaliba, for the appellant

S Chihambakwe, for the respondent

 

GUVAVA JA: This is an appeal against the whole judgment of the High Court dated 9 October 2013.  At the hearing of the matter it was the view of the court that the appeal lacked merit and it was dismissed with costs.  We advised that the full reasons for our decision would follow. These are they.

The appeal was  pursuant to an order granted by the High Court  following the filing of  an urgent chamber application in which the NJZ Resources (HK) Limited (applicant in the court a quo and hereafter referred to as NJZ) sought an order that certain items of machinery or equipment and motor vehicles which were in the possession of Mine Mills Trading Private Limited (respondents in the court a quo and hereafter referred to as Mine Mills Trading) be delivered to the Deputy Sheriff for safekeeping pending the determination of a dispute between the parties.

The background to this matter may be summarised as follows.  Mine Mills Trading is a limited liability company incorporated in Zimbabwe.  Its address for service is No 206 Teresa Close, Groombridge, Harare.  The second and third respondents are both directors of the company.  The NJZ is a foreign limited liability company incorporated in accordance with the laws of Hong Kong.  Its address for service is 7 Lawson Avenue, Milton Park, Harare Zimbabwe.  In January 2010 and in Hong Kong the parties entered into an agreement whereby NJZ sold and delivered machinery and equipment to Mine Mills Trading as well as providing short term bridging finance loan. The total indebtedness of Mine Mills Trading to NJZ was in the sum of US$ 1 558 068.53.  It was an agreed term of their contract that this amount was to be repaid in twelve equal monthly instalments.  Mine Mills Trading was further given a grace   period of eight months before the payments became due.  It was alleged before the court a quo that Mine Mills Trading had failed or neglected to make the payments in accordance with their agreement.  NJZ thereafter instituted proceedings in the High Court in case HC 2111/13 for the recovery of the machinery or equipment and the motor vehicles from Mine Mills Trading.  The matter is pending before the High Court.

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