Freezewell Refrigeration v Bard Real Estates (HC 924 of 2002) [2002] ZWBHC 123 (16 October 2002)

Freezewell Refrigeration v Bard Real Estates (HC 924 of 2002) [2002] ZWBHC 123 (16 October 2002)

The applicant failed to establish a clear and unanswerable case for summary judgment as the reasonableness of the charges is disputed and the claim is not for a liquidated amount.

Citation
[2002] ZWBHC 123
Parties
Applicant: Freezewell Refrigeration; Respondent: Bard Real Estates
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
16 October 2002
Case Number
HC 924 of 2002
Procedural Posture
Civil / Summary Judgment Application
Outcome
application dismissed
Legal Topics
Summary Judgment, Reasonableness of Charges, Liquidated Claims
Source Language
English
Contract Summary Judgment Reasonableness of Charges Liquidated Claims

Case Brief

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Parties

Freezewell Refrigeration

Applicant

Bard Real Estates

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for the claimed amount
  2. 2 Whether the charges levied by the applicant were reasonable and proven
  3. 3 Whether the claim is for a liquidated amount

Ratio Decidendi

The applicant failed to establish a clear and unanswerable case for summary judgment as the reasonableness of the charges is disputed and the claim is not for a liquidated amount.

Court Disposition

application dismissed

Orders

  • Application dismissed with costs on the higher scale.