WINSLEY MILITALA

(In his capacity as Provisional Judicial Manager of Pavelong (Pvt) Ltd)

and

PAVELONG (PVT) LTD

versus

DRUM CITY (PVT) LTD

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 14 March 2017 & 28 March 2018

Opposed Application

W. Chirongoma for the applicant

V. Shamu for the respondent

ZHOU J: The applicant seeks the following order:

“1.       The order of this Honourable Court dated 2^nd June 2015 under Case Number 448/14 is hereby varied to read judgment is hereby entered in favour of the plaintiff for the sum of US$16 000.00.

            2.         Respondent shall pay costs of suit.”

The application is opposed by the respondent. 

The background to the matter is as follows.  On 2 June 2015 this Court (per Mathonsi J) issued an order by consent.  The relevant portions of the order are as follows:

            “IT IS ORDERED BY CONSENT THAT:

Judgment be and is hereby entered in favour of the plaintiff against the defendant as follows:

1.         The plaintiff herein withdraws its exception to the counterclaim by defendant.

2.        Defendant herein admits liability to plaintiff’s claim and that judgment be and is hereby  

       entered in favour of plaintiff in the sum of USD16 000.00 together with 5 percent interest

       from the 23^rd July 2013 being date of demand to the date of payment in full.

3.         Plaintiff will not proceed to execute in terms of this order until case no. HC 9816/13 is

       finalized or judgment is handed down.

4.        Defendant will allow plaintiff in this matter to amend its plea under case no. HC 9816/13