ZUVA PETROLEUM TWO (PRIVATE) LIMITED v SUMMERCA NDE TRADING (PRIVATE) LIMITED

HH 686-17

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Case Details

Court

Harare High Court

Date

11 October 2017

Citation

HH 686-17

Neutral Citation

[2017] ZWHH 686

Outcome

unknown

Case Type

Application

Bench

Presiding

TSANGA J

Full Bench

TSANGA J

Areas of Law

Contract LawCivil Procedure

Keywords

frivolous and vexatiousmulti-currencysummonscause of action

Key Issues

{"issue_text":"Whether the matter is frivolous and vexatious and should be dismissed under Rule 75","issue_type":"procedural","dispositive":"yes","related_facts":"The claim is in rands despite the agreement being in Zimbabwean dollars; the matter has not been prosecuted"}
{"issue_text":"Whether a claim in rands is sustainable when the agreement was in Zimbabwean dollars and the currency has ceased to be in use","issue_type":"law","dispositive":"no","related_facts":"Agreement was in Zimbabwean dollars; summons claims R140,000.00"}
{"issue_text":"Whether the claim for US$600,000.00 in damages is frivolous","issue_type":"law","dispositive":"no","related_facts":"Respondent claims US$600,000.00 for income lost"}

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background

Facts of the Case

Background

On 6 December 2004, the applicant ordered a densitometer from the respondent for Z$170,000,000.00, to be delivered within 2-3 weeks. The machine was not delivered until 1 January 2006, by which time the applicant had sought to cancel the purchase. The respondent delivered the machine but demanded payment of Z$6,074,453,003.84. In 2009, the respondent issued summons seeking payment of R140,000.00 and US$600,000.00 in damages. The matter was not prosecuted, and in June 2017, the applicant applied to dismiss the action as frivolous and vexatious.

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