JetZone Consultancy (Pvt) Ltd. v Twenty Third Century Systems (Pvt) Ltd. (HC 3169 of 2016; HH 16 of 2017) [2017] ZWHHC 16 (12 January 2017)

JetZone Consultancy (Pvt) Ltd. v Twenty Third Century Systems (Pvt) Ltd. (HC 3169 of 2016; HH 16 of 2017) [2017] ZWHHC 16 (12 January 2017)

Summary judgment is refused because the defendant has raised triable issues regarding the existence and context of the alleged acknowledgment of debt and the extent of work performed by the plaintiff, making it inappropriate to grant summary judgment without a full trial.

Citation
[2017] ZWHHC 16
Parties
Applicant: Jetzone Consultancy (Pvt) Ltd t/a Design Technologies Business Solutions; Respondent: Twenty Third Century Systems (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 January 2017
Case Number
HC 3169 of 2016 ; HH 16 of 2017
Procedural Posture
Civil / Application for Summary Judgment
Outcome
Application for summary judgment dismissed with costs
Legal Topics
Summary Judgment, Acknowledgment of Debt, Partnership Agreements
Source Language
English
Civil Procedure Contract Law Summary Judgment Acknowledgment of Debt Partnership Agreements

Case Brief

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Parties

Jetzone Consultancy (Pvt) Ltd t/a Design Technologies Business Solutions

Applicant

Twenty Third Century Systems (Pvt) Ltd

Respondent

Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the claimed amount based on acknowledgment of debt and partnership agreement
  2. 2 Whether the defendant has raised bona fide triable issues

Ratio Decidendi

Summary judgment is refused because the defendant has raised triable issues regarding the existence and context of the alleged acknowledgment of debt and the extent of work performed by the plaintiff, making it inappropriate to grant summary judgment without a full trial.

Court Disposition

Application for summary judgment dismissed with costs

Orders

  • Application for summary judgment is dismissed with costs