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Harare High Court
Deep Overseas Company v York Dale Enterprises (Pvt) Ltd and Free Work Investments (Pvt) Ltd and Ayub Bhai Patel
HH 166-18
Case Details
Court
Harare High Court
Date
28 March 2018
Citation
HH 166-18
Neutral Citation
[2018] ZWHH 166
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Commercial LawCivil Procedure
Keywords
prescriptionacknowledgment of debtperegrinussecurity for costsspecial plea
Tags
contractdebt recoveryprescriptionacknowledgment of debt
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim had prescribed as at the time summons were issued","issue_type":"procedural","dispositive":"yes","related_facts":"Date of debt arising, date of acknowledgment, date of summons"}
- {"issue_text":"If prescription had occurred, to what extent and against which defendants","issue_type":"procedural","dispositive":"yes","related_facts":"Individual defendant liabilities, acknowledgment amounts"}
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background
Facts of the Case
Background
The plaintiff, an Indian company, claimed payment of $290,866.50 from defendants for goods sold and delivered. Defendants raised special pleas of prescription and lack of security for costs by a peregrinus plaintiff.
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