Birch Williams v Maria Katsande and Delitte Products (Private) Limited

HH 198-2010

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Case Details

Court

Harare High Court

Date

20 August 2010

Citation

HH 198-2010

Neutral Citation

[2010] ZWHH 198

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mawadze J

Full Bench

Mawadze J

Areas of Law

Commercial lawProperty lawCivil procedure

Keywords

Agency agreementProperty recoveryCertificate of urgencyCorporate personality

Key Issues

{"issue_text":"Whether first respondent was properly cited in her personal capacity","issue_type":"procedural","dispositive":"no","related_facts":"First respondent negotiated agreement as director/shareholder of second respondent"}
{"issue_text":"Whether certificate of urgency signed by applicant's legal practitioner was valid","issue_type":"procedural","dispositive":"no","related_facts":"Certificate prepared by Tamuka Moyo from same firm representing applicant"}
{"issue_text":"Whether matter was urgent given parties had agreed to 31 August collection date","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant filed application on 17 August after events of 13 August"}

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background

Facts of the Case

Background

Applicant entered agency agreement with respondents to sell household goods on commission. After terminating the agreement on 14 July 2010 due to alleged breach, applicant demanded return of goods valued at US$116,627.50. Respondents refused immediate return, proposing collection on 31 August 2010. When applicant attempted stock take on 13 August 2010, access was denied and goods appeared to have been removed, prompting urgent application for property recovery.

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