ASP MARKETING CC v LUNAR CHICKENS [PVT] LTD and OTHERS (431 of 2025) [2025] ZWHHC 431 (21 July 2025)

ASP MARKETING CC v LUNAR CHICKENS [PVT] LTD and OTHERS (431 of 2025) [2025] ZWHHC 431 (21 July 2025)

The application for absolution from the instance was dismissed because the plaintiff had led sufficient evidence on its claim and the onus on the remaining issues, particularly the alleged sham contracts and equity-debt-swap, lay on the defendants. The application was an abuse of process and a delaying tactic.

Citation
[2025] ZWHHC 431
Parties
Plaintiff: ASP Marketing CC; First Defendant: Lunar Chickens [Pvt] Ltd; Second Defendant: Gideon Gono; Third Defendant: New Donnington Holdings [Pvt] Ltd; Fourth Defendant: Rimaitidye Enterprises [Pvt] Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 July 2025
Case Number
431 of 2025
Procedural Posture
Civil Trial / Application for Absolution From the Instance After Plaintiff's Case
Outcome
application for absolution from the instance dismissed
Legal Topics
Absolution From the Instance, Piercing the Corporate Veil, Unjust Enrichment, Prescription, Illegality of Contract, Authority to Sue, Currency of Claim, Misjoinder
Source Language
English
Civil Procedure Contract Law Company Law Absolution From the Instance Piercing the Corporate Veil Unjust Enrichment Prescription Illegality of Contract +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ASP Marketing CC

Plaintiff

Lunar Chickens [Pvt] Ltd

First Defendant

Gideon Gono

Second Defendant

New Donnington Holdings [Pvt] Ltd

Third Defendant

Rimaitidye Enterprises [Pvt] Ltd

Fourth Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance After Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for the defendants to be put on their defence
  2. 2 Whether the contracts were shams masking an equity-debt-swap agreement
  3. 3 Whether the plaintiff is entitled to payment for goods supplied or for unjust enrichment

Ratio Decidendi

The application for absolution from the instance was dismissed because the plaintiff had led sufficient evidence on its claim and the onus on the remaining issues, particularly the alleged sham contracts and equity-debt-swap, lay on the defendants. The application was an abuse of process and a delaying tactic.

Court Disposition

application for absolution from the instance dismissed

Orders

  • The application for absolution from the instance is dismissed with costs.
  • The trial shall resume on a date to be set by the Registrar.