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Chinhoyi High Court
DUNHURAMAMBO (PVT) LTD t/a ZAMBEZI CRUISE & SAFARI versus AVALON STEEL PROJECTS & CONSTRUCTION AND CHARLES NIKOBASA
HCC01/22
Case Details
Court
Chinhoyi High Court
Date
14 February 2022
Citation
HCC01/22
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Civil ProcedureContract LawJurisdiction
Keywords
Attachment ad fundandam jurisdictionemEx parte applicationHouseboatContract breachNon-disclosure
Tags
Property attachmentJurisdictionContract dispute
legislation
Statutes Cited
- Civil Practice and Procedure rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established prima facie case for attachment ad fundandam jurisdictionem","issue_type":"law","dispositive":"yes","related_facts":"Foreign domicile of first respondent, ownership of houseboat, contractual claim"}
- {"issue_text":"Whether applicant made material non-disclosure requiring dismissal","issue_type":"law","dispositive":"yes","related_facts":"Knowledge of second respondent's interest, failure to disclose"}
- {"issue_text":"Whether urgency was established for ex parte application","issue_type":"mixed","dispositive":"no","related_facts":"Information about intended disposal, timing of application"}
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background
Facts of the Case
Background
Applicant contracted with first respondent for design, manufacture and delivery of houseboat "Transcruiser". First respondent failed to deliver despite demand. Applicant seeks to sue for restitution of US$261,867.00 and refund of US$90,000.00. First respondent is foreign-domiciled in South Africa and owns houseboat "The Royal Nikobasa" at Lake Kariba. Applicant seeks attachment of this boat to found jurisdiction.
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