(In his capacity as Provisional Judicial Manager of Pavelong (Pvt) Ltd)
PAVELONG (PVT) LTD
DRUM CITY (PVT) LTD
HIGH COURT OF ZIMBABWE
HARARE, 14 March 2017 & 28 March 2018
W. Chirongoma for the applicant
V. Shamu for the respondent
ZHOU J: The applicant seeks the following order:
“1. The order of this Honourable Court dated 2nd June 2015 under Case Number 448/14 is hereby varied to read judgment is hereby entered in favour of the plaintiff for the sum of US$16 000.00.
2. Respondent shall pay costs of suit.”
The application is opposed by the respondent.
The background to the matter is as follows. On 2 June 2015 this Court (per Mathonsi J) issued an order by consent. The relevant portions of the order are as follows:
“IT IS ORDERED BY CONSENT THAT:
Judgment be and is hereby entered in favour of the plaintiff against the defendant as follows:
1. The plaintiff herein withdraws its exception to the counterclaim by defendant.
- Defendant herein admits liability to plaintiff’s claim and that judgment be and is hereby
entered in favour of plaintiff in the sum of USD16 000.00 together with 5 percent interest
from the 23rd July 2013 being date of demand to the date of payment in full.
- Plaintiff will not proceed to execute in terms of this order until case no. HC 9816/13 is
finalized or judgment is handed down.
- Defendant will allow plaintiff in this matter to amend its plea under case no. HC 9816/13