HH 312-18 WAYNE PARHAM and CREDFIN (PRIVATE) LIMITED versus JAN FREDRICK KOTZE

WAYNE PARHAM

and

CREDFIN (PRIVATE) LIMITED

versus

JAN FREDRICK KOTZE

 

 

IN THE HIGH COURT OF ZIMBABWE

MUREMBA J

HARARE, 16 February, 2018 & 6 June 2018

 

Opposed Application

 

D. Ochieng, for the applicants

T. Zhuwarara, for the respondent

 

 

            MUREMBA J: This is an application for the amendment of the plea filed in            HC 9063/14 in which the applicants herein are the defendants and the respondent is the plaintiff. In addition the applicants are applying for the substitution of the defendants’ summary of evidence with revised summaries of evidence.

            In his founding affidavit the first applicant explained what happened in the matter and the defence he gave when he instructed his then legal practitioner, the now late Mr Carr of Coghlan, Welsh and Guest who in turn briefed an advocate to draw a plea which was then filed with this court. He averred that the respondent entered into an agreement of sale for the purchase of a farm from one D.A Hartman, which sale was being negotiated by Fox and Carney Estates Agents. Adele Rowe, a property negotiator employed by Fox and Carney approached him on behalf of D.A Hartman and asked him to be the custodian of funds D.A Hartman was receiving from the sale of the property. Since the first applicant knew D.A Hartman he agreed and he was told that the respondent would be bringing the funds to his office, which he did. At that time the first applicant was running a business, Inamo Investments (Pvt) Ltd, which was sharing premises with the second applicant at 9 Birchenough Road, Alexandra Park, Harare. The first applicant averred that he is also a non-executive director of the second applicant. The first applicant averred that the respondent paid US$149 000 to him and was given a signed slip by a Ms Hook who works for Inamo Investments (Pvt) Ltd as an acknowledgment of receipt 

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2018