Boarder Transport v Tectrans (Pvt) Ltd (HC 9542 of 2013) [2015] ZWHHC 659 (28 July 2015)

Boarder Transport v Tectrans (Pvt) Ltd (HC 9542 of 2013) [2015] ZWHHC 659 (28 July 2015)

The plaintiff made out a prima facie case that could justify a finding in its favour, particularly given the peculiar circumstances including the death of a key director and the unavailability of the finance manager. The evidence, though not conclusive, was sufficient to require the defendant to present its defence. Absolution from the instance was therefore not warranted at this stage.

Citation
[2015] ZWHHC 659
Parties
Plaintiff: Boarder Transport; Defendant: Tectrans (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
28 July 2015
Case Number
HC 9542 of 2013
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff’s Case
Outcome
application for absolution from the instance dismissed
Legal Topics
Absolution From the Instance, Validity of Contract, Forgery, Sale of Goods, Hearsay Evidence
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Validity of Contract Forgery Sale of Goods Hearsay Evidence

Case Brief

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Parties

Boarder Transport

Plaintiff

Tectrans (Private) Limited

Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at Close of Plaintiff’s Case

Legal Issues

  1. 1 Whether the agreements of sale for the vehicles were valid or forged
  2. 2 Whether the plaintiff made out a prima facie case to require the defendant to present a defence
  3. 3 Admissibility of hearsay evidence under the Civil Evidence Act

Ratio Decidendi

The plaintiff made out a prima facie case that could justify a finding in its favour, particularly given the peculiar circumstances including the death of a key director and the unavailability of the finance manager. The evidence, though not conclusive, was sufficient to require the defendant to present its defence. Absolution from the instance was therefore not warranted at this stage.

Court Disposition

application for absolution from the instance dismissed

Orders

  • Defendant to present its defence
  • Costs awarded against defendant