HH 195-18 DAVIES MAZAMBARA and SAMUEL ALUFANETI versus KADOMA TEXTILES (PVT) LTD

DAVIES MAZAMBARA

and

SAMUEL ALUFANETI

versus

KADOMA TEXTILES (PVT) LTD

 

 

 

HIGH COURT OF ZIMBABWE

MWAYERA, MATANDA-MOYO & MUZENDA JJJ

HARARE, 15 March 2018 & 11 April 2018

 

 

 

Civil Appeal

 

 

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:

  1. the court erred by finding that the appellants had no bona fide and valid defence to the action.
  2. the court erred by finding that it had jurisdiction to determine the matter before it.
  3. the court erred by finding that the plaintiffs summons and particulars of claim disclosed a valid cause of action.
  4. 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:

 

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