HH 394-18 ACOL CHEMICAL HOLDINGS (PVT) LTD versus SENZIWANI SIKHOSANA and Anor

ACOL CHEMICAL HOLDINGS (PVT) LTD

versus

SENZIWANI SIKHOSANA

and

FUNGAI SIKHOSANA

 

 

HIGH COURT OF ZIMBABWE

TAGU J

HARARE, 5 and 6 July 2018

 

 

Civil Trial

 

TS Manjengwa, for the plaintiff

T Mpofu, for the defendants

 

                 TAGU J: At the hearing of this trial Advocate T Mpofu for the defendants raised a preliminary point touching on the procedural irregularity that since this was a section 318 of the Companies Act [Chapter 23.03] matter, the matter was not properly before me because it was brought as an “Action matter” instead of an “Application matter”, hence sought it to be struck of the roll. Mr TS Manjengwa for the plaintiff declined to have the matter struck of the roll and urged the court to proceed with the trial.

            In essence the parties agreed that this was a section 318 of the Companies Act matter because in its Summary of Evidence the plaintiff averred that-

             “……..

            17. Accordingly, the defendants should be liable for the Company, Plastech Designs (Pvt)    Ltd’s debt to the plaintiff as provided for in the Companies Act [Chapter 24.03].”  

            The facts are that the plaintiff Acol Chemical Holdings (Pvt) Ltd sued and obtained judgment against a company called Plastech Designs (Pvt) Ltd in Case No. HC 13679/12 in the sum of US$51 140.67 together with interest at 1.5% per month from the 30th of October 2012. The 

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2018