Edgars Stores Ltd v Dolem Investments (Pvt) Ltd (HC 2207 of 2002; XREF HC 2207 of 2002) [2004] ZWBHC 3 (28 January 2004)

Edgars Stores Ltd v Dolem Investments (Pvt) Ltd (HC 2207 of 2002; XREF HC 2207 of 2002) [2004] ZWBHC 3 (28 January 2004)

The applicant's answering affidavit is admissible because it addresses matters raised by the respondent in opposition that could not reasonably have been anticipated in the founding affidavit, specifically the issue of signatures on documents.

Citation
[2004] ZWBHC 3
Parties
Applicant: Edgars Stores Ltd; Respondent: Dolem Investments (Pvt) Ltd
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 January 2004
Case Number
HC 2207 of 2002 ; XREF HC 2207 of 2002
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment
Outcome
Applicant's answering affidavit admitted
Legal Topics
Summary Judgment, Affidavit Admissibility, Contract Cancellation, Refund of Purchase Price
Source Language
English
Civil Procedure Contract Law Summary Judgment Affidavit Admissibility Contract Cancellation Refund of Purchase Price

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edgars Stores Ltd

Applicant

Dolem Investments (Pvt) Ltd

Respondent

Procedural Posture

Summary Judgment Application / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the applicant's answering affidavit should be admitted in a summary judgment application
  2. 2 Whether the respondent has a bona fide defence to the claim for refund of the purchase price

Ratio Decidendi

The applicant's answering affidavit is admissible because it addresses matters raised by the respondent in opposition that could not reasonably have been anticipated in the founding affidavit, specifically the issue of signatures on documents.

Court Disposition

Applicant's answering affidavit admitted

Orders

  • Applicant's answering affidavit is permitted and admitted