Fidelity Printers & Refiners (Pvt) Ltd v Mwale (HC 143 of 2014) [2015] ZWHHC 12 (13 January 2015)

The dispute concerns foreclosure on a mortgage bond, not a labour matter; the defendant ceased to be an employee after 30 November 2012 and is liable under the mortgage bond and acknowledgement of debt.

Citation: [2015] ZWHHC 12
Parties: Plaintiff: Fidelity Printers and Refiners (Pvt) Ltd; Defendant: Lazarus S. C. Mwale
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 13 January 2015
Case Number: HC 143 of 2014
Procedural Posture: Civil / Judgment
Outcome: Provisional sentence granted for the plaintiff.
Legal Topics: Foreclosure, Mortgage Bond, Jurisdiction, Employment Termination
Source Language: English

Civil Procedure Contract Law Property Law Foreclosure Mortgage Bond Jurisdiction Employment Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Fidelity Printers and Refiners (Pvt) Ltd

Plaintiff

Lazarus S. C. Mwale

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the High Court has jurisdiction over a mortgage bond dispute involving an ex-employee
2 Whether the defendant is liable to pay the mortgage loan despite alleged outstanding employment dues

Ratio Decidendi

Court Disposition

Provisional sentence granted for the plaintiff.

Orders

Defendant shall pay US$30,000.00 plus interest at 1.5% per annum from 20 December 2012 to date of final payment.
Stand number 9263 Salisbury Township of Salisbury Township Lands registered under title number 4109/2009 is declared executable.