Mashezha v Prime Bank Ltd (HH 55 of 2002) [2002] ZWHHC 55 (16 April 2002)

Mashezha v Prime Bank Ltd (HH 55 of 2002) [2002] ZWHHC 55 (16 April 2002)

Defendant raised triable issues regarding entitlement to benefits during probation, existence and calculation of damages, and contractual basis for claims; summary judgment is inappropriate where such issues exist.

Citation
[2002] ZWHHC 55
Parties
Applicant: Blessing Mashezha; Respondent: Prime Bank Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 April 2002
Case Number
HH 55 of 2002
Procedural Posture
Civil / Summary Judgment Application
Outcome
application dismissed with costs
Legal Topics
Summary Judgment, Probationary Employment, Employee Benefits, Damages
Source Language
English
Employment Law Contract Law Summary Judgment Probationary Employment Employee Benefits Damages

Case Brief

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Parties

Blessing Mashezha

Applicant

Prime Bank Limited

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for employment-related claims during probationary period
  2. 2 Whether the claims for damages and benefits are supported by the contract
  3. 3 Whether unliquidated damages can be granted via summary judgment

Ratio Decidendi

Defendant raised triable issues regarding entitlement to benefits during probation, existence and calculation of damages, and contractual basis for claims; summary judgment is inappropriate where such issues exist.

Court Disposition

application dismissed with costs

Orders

  • Application for summary judgment dismissed
  • Costs awarded to respondent