PAPERHOLE INVESTMENTS (PRIVATE) LIMITED

versus

PIONEER HI-BRED ZIMBABWE (PRIVATE) LIMITED

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 6, 7, 8, 9, 22 & 23 February 2018, 26 March 2018

                   and 8 August 2018

Civil Trial – Absolution from the instance

G. Nyengedza, for the plaintiff

A. B. C. Chinake, for the first defendant

ZHOU J: This is an application for absolution from the instance at the close of the plaintiff’s case.  The plaintiff’s claim against the defendant is for payment of a sum of US$201 335.63 in respect of inputs and funding given to the defendant for the growing of soya beans and maize during the 2012/2013 agricultural season.  The plaintiff also claims interest on the amount stated above at the rate of 5% per month, together with costs of suit on the attorney-client scale.  The claim is contested by the first defendant.  The claim against the second defendant was withdrawn with the consent of all the parties.

The plaintiff’s case, as pleaded, is that on 20 November 2012 it entered into a Finance Scheme Agreement with the first defendant in terms of which the plaintiff provided the defendant with financial assistance in order to facilitate the out-grower contracts which the defendant had with individual farmers of soya beans and maize during the 2012/2013 farming season.  Among other things, the defendant was to pay the agreed contracted amounts and, further, cede to the plaintiff, as security, its rights under the out-grower contracts with the individual farmers who were