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Supreme Court
Metallon Gold Zimbabwe (Private) Limited & Anor v Collen Gura
[2020] ZWSC 93
Case Details
Court
Supreme Court
Date
2 July 2020
Citation
[2020] ZWSC 93
Judgment No.
SC 93/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GOWORA JA
Full Bench
GARWE JAMAKARAU JAGOWORA JA
Areas of Law
Civil ProcedurePrescriptionLabour Law
Keywords
prescription interruptionlis alibi pendenslabour arbitrationcounter-claimterms of reference
Tags
prescriptionlis alibi pendenslabour arbitrationdebt recovery
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo was correct in finding that claims 1-4 had prescribed","issue_type":"procedural","dispositive":"yes","related_facts":"Summons issued 4+ years after causes of action arose"}
- {"issue_text":"Whether filing of counter-claim in arbitration interrupted prescription","issue_type":"mixed","dispositive":"yes","related_facts":"Counter-claim filed during arbitration proceedings"}
- {"issue_text":"Whether lis alibi pendens defence was properly upheld for claim 5","issue_type":"procedural","dispositive":"yes","related_facts":"Labour complaint pending on same subject matter"}
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background
Facts of the Case
Background
Appellants sued respondent for various sums allegedly owed arising from unlawful acts during employment. Respondent raised prescription and lis alibi pendens defences. High Court upheld both defences. Appellants appealed to Supreme Court.
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