Vincent Tendayi v Twenty Third Century Systems (Private) Limited

SC 135/20

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Case Details

Court

Supreme Court

Date

18 October 2018

Citation

SC 135/20

Neutral Citation

[2020] ZWSC 135

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

GOWORA JAMAKONI JABERE JA

Areas of Law

Civil ProcedureLaw of EvidencePrescription

Keywords

Special PleaPrescriptionBurden of ProofEvidenceInterruption of Prescription

Key Issues

{"issue_text":"Whether the High Court erred in procedurally disposing of the special plea of prescription without hearing evidence","issue_type":"procedural","dispositive":"yes","related_facts":"The High Court considered documents attached to heads of argument and made factual findings without viva voce evidence"}
{"issue_text":"Whether the appellant's claim had prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Loan advanced November 2010, summons issued August 2014, email sent June 2012"}
{"issue_text":"Whether the email of 25 June 2012 interrupted the running of prescription","issue_type":"fact","dispositive":"yes","related_facts":"Content of email dated 25 June 2012"}

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background

Facts of the Case

Background

The appellant issued summons in August 2014 claiming USD 288,350.00 for a loan advanced in November 2010. The respondent raised a special plea of prescription. The High Court upheld the plea, but the Supreme Court found this was procedurally irregular as evidence should have been heard to determine if prescription was interrupted by an email admission of liability.

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