Chidzero and Another v Bayslip Investments (Private) Limited and Another (289 of 2024) [2024] ZWHHC 289 (10 July 2024)

Chidzero and Another v Bayslip Investments (Private) Limited and Another (289 of 2024) [2024] ZWHHC 289 (10 July 2024)

The court found that claims for rendering of account and debatement prior to 3 November 2020 were prescribed, and that claims for provision of information on tobacco sales up to December 2021 had been satisfied or were not supported by evidence. Claims for damages, incentives, and other monetary relief were either prescribed, unsupported by evidence, or not established on a prima facie basis. However, the court held that the question of the status of the joint venture agreements post-2020 and the claim for the tobacco regrowth fine warranted further hearing, as there was sufficient evidence to proceed to trial on those issues.

Citation
[2024] ZWHHC 289
Parties
Plaintiff: David Kamuzu Constantine Chidzero; Plaintiff: Anne-Marie Chidzero; Defendant: Bayslip Investments (Private) Limited; Defendant: Skyead Investments (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
10 July 2024
Case Number
289 of 2024
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiffs’ Case
Outcome
Application for absolution from the instance granted in part and dismissed in part; most claims dismissed; two claims to proceed to trial.
Legal Topics
Absolution From the Instance, Prescription, Joint Venture Agreements, Damages, Accounting and Debatement, Fiduciary Duty
Source Language
English
Contract Law Civil Procedure Absolution From the Instance Prescription Joint Venture Agreements Damages Accounting and Debatement Fiduciary Duty

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Parties

David Kamuzu Constantine Chidzero

Plaintiff

Anne-Marie Chidzero

Plaintiff

Bayslip Investments (Private) Limited

Defendant

Skyead Investments (Private) Limited

Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiffs’ Case

Legal Issues

  1. 1 Whether plaintiffs’ claims prior to 31 October 2020 have prescribed
  2. 2 Whether defendant’s occupation of the farms after 30 May 2020 was lawful
  3. 3 Whether defendant is liable to pay the sums claimed

Ratio Decidendi

The court found that claims for rendering of account and debatement prior to 3 November 2020 were prescribed, and that claims for provision of information on tobacco sales up to December 2021 had been satisfied or were not supported by evidence. Claims for damages, incentives, and other monetary relief were either prescribed, unsupported by evidence, or not established on a prima facie basis. However, the court held that the question of the status of the joint venture agreements post-2020 and the claim for the tobacco regrowth fine warranted further hearing, as there was sufficient evidence to proceed to trial on those issues.

Court Disposition

Application for absolution from the instance granted in part and dismissed in part; most claims dismissed; two claims to proceed to trial.

Orders

  • Plaintiffs’ claims for rendering of account and debatement for period 1 June 2015 to 3 November 2020 dismissed as prescribed.
  • Absolution granted for claim for provision of information on tobacco sales for period 3 November 2020 to December 2021.