HH 385-18 NATIONAL SOCIAL SECURITY AUTHORITY versus CITY OF MUTARE

NATIONAL SOCIAL SECURITY AUTHORITY

versus

CITY OF MUTARE

 

 

HIGH COURT OF ZIMBABWE

CHIKOWERO J

HARARE, 15 June 2018 & 4 July 2018

 

Special plea of prescription

 

J.R Tsivama, for the plaintiff

Advocate F Chinwawadzimba, for the defendant

 

 

            CHIKOWERO J: The real issue for determination is whether the plaintiff is seeking a declarator.

            If I find that the relief sought is not a declaration of rights the prescription argument would succeed. The plaintiff’s claim would consequently be dismissed without the need to proceed to trial.

            These two matters viz HC 8044/14 and HC 8045/15 raise similar issues. They were consolidated at the Pre Trial Conference held on 23 February 2016, and referred to trial.

            The issues were couched as:

  • whether or not the plaintiff’s claim has prescribed?
  • whether or not the agreement of sale was validly terminated?
  • whether or not the plaintiff is entitled to the relief sought?

With the consent of the parties the matter was set down for 15 June 2018 for hearing of

 

Download File: 

Tags: 

Year: 

2018