Christopher Samba v Al Shams Global BVI Limited

SC 03/18

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Case Details

Court

Supreme Court

Date

5 February 2018

Citation

SC 03/18

Neutral Citation

[2018] ZWSC 03

Outcome

unknown

Case Type

Appeal

Bench

Presiding

UCHENA JA

Full Bench

GARWE JAMAVANGIRA JAUCHENA JA

Areas of Law

Banking LawCompany LawCivil Procedure

Keywords

Bankers AcceptanceDirector LiabilityNotice of AppealFatal DefectRule 29

Key Issues

{"issue_text":"Whether the notice of appeal complies with Rule 29(1)(a) by correctly identifying the court whose judgment is appealed against","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal stated \"judgment by TAGU J of High Court of Harare\""}
{"issue_text":"Whether the relief sought complies with Rule 29(1)(e) requirement for \"exact nature of relief sought\"","issue_type":"procedural","dispositive":"yes","related_facts":"Relief sought prayed for appeal to be allowed and court a quo to set aside its own judgment"}
{"issue_text":"Whether grounds of appeal comply with Rule 32(1) requirement to be \"set forth concisely\"","issue_type":"procedural","dispositive":"no","related_facts":"Grounds were repetitive and not concise"}

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background

Facts of the Case

Background

A Zimbabwean former director of Rodstreet Trading (Pvt) Ltd appealed against a High Court order declaring him personally liable for a Bankers Acceptance of US$117,335.91 issued by the company. The Supreme Court struck the appeal off the roll for fatal defects in the notice of appeal.

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