LOVEMORE MAKUNUN’UNU
versus
WORKVILLE ENTERPRISES (PVT) LIMITED
HIGH COURT OF ZIMBABWE
CHITAKUNYE & NDEWERE JJ
HARARE, 16 March 2017 & 11 July 2018
Civil appeal
S Dzvetero, for the appellant
R Maposa, for respondent
NDEWERE J: The background of this appeal is that on 23 October, 2014, the appellant as plaintiff in the court a quo issued summons for the payment of US$11 000.00 being restitution of funds he paid for the purchase of an International Haulage Truck (Horse), 9670 Registration No. AA56104, interest at 10% per annum and costs of suit.
On 5 December, 2014, the respondent, as defendant in the lower court, filed a plea. It firstly raised prescription as a point in limine and then pleaded to the merits. On 22 April, 2015, the parties concluded a Joint Pre-trial Conference minute whose first issue was whether or not the matter had prescribed. The parties agreed that the point in limine of prescription be dealt with first before going to the merits. Pursuant to this agreement, the parties filed Heads of Argument.
On 10 June, 2016, the learned magistrate upheld the defendant’s point in limine of prescription.
The appellant noted an appeal against the Magistrate’s decision on 21 June, 2016. His grounds of appeal were as follows:
- That the court a quo erred and misdirected itself, on a point of law, in proceeding to uphold the point in limine of prescription.
