DUMISANI SIBANDA

versus

NEVILLE BLUMEARS

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 20 JUNE 2018 AND 5 JULY 2018

Special Plea and Exception

Plaintiff in person

T K Hove and T Ndebele for the defendant

            MOYO J:       In this matter the plaintiff issued summons claiming:

1)         $27 449-30, the total value of cash and material supplied to the defendant as working capital support in terms of the agreement between the plaintiff and the defendant.

2)         $62 200,00 being the hire charges for the plaintiff’s air compressor up to 20 November 2017 and $50-00 for every day the compressor remains in defendant’s possession.

3)         Immediate return of plaintiff’s compressor valued at $8000-00.

4)         Interest at the prescribed rate calculated from 1 January 2012 to date of full final payment.

            The defendant filed a special plea and an exception to the claim in that firstly, the cause of action as pleaded in the summons has since prescribed.  Secondly, that there is no basis or foundation for the claim for $62 200-00 pleaded in the summons.