KADOMA TEXTILES (PVT) LTD
HIGH COURT OF ZIMBABWE
MWAYERA, MATANDA-MOYO & MUZENDA JJJ
HARARE, 15 March 2018 & 11 April 2018
J Gama, for the 1st & 2nd appellants
Chisoko, for the respondent
MWAYERA J: This is an appeal against a summary judgment granted by a magistrate sitting at Kadoma on 27 May 2016.
The grounds of appeal are as follows:
- the court erred by finding that the appellants had no bona fide and valid defence to the action.
- the court erred by finding that it had jurisdiction to determine the matter before it.
- the court erred by finding that the plaintiffs summons and particulars of claim disclosed a valid cause of action.
- the court erred by awarding respondent costs on the higher scale in the absence of a valid basis for such an order.
The appellants sought a relief to the effect that the appeal succeeds with costs and the court a quo order be set aside and replaced with the following:
“the applicant’s application (for summary judgment) be and is hereby dismissed with costs.”
The respondent/plaintiff had issued summons against the appellants/defendant at Kadoma Magistrate’s court seeking the following relief: