Polybass Chemicals v Calasse (HC 1155 of 2015) [2015] ZWHHC 753 (23 September 2015)

Polybass Chemicals v Calasse (HC 1155 of 2015) [2015] ZWHHC 753 (23 September 2015)

The defendant's plea specifically denies the purchase forming the basis of the plaintiff's claim, is clear and understandable, and does not cause embarrassment or raise a point of law that would dispose of the case; thus, the exception must fail.

Source-derived case information.

Citation
[2015] ZWHHC 753
Parties
Plaintiff: PolyBass Chemicals; Defendant: Sue Calasse
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 September 2015
Case Number
HC 1155 of 2015
Procedural Posture
Civil / Ruling on Exception
Outcome
exception dismissed with costs
Legal Topics
Exception to Pleadings, Contract of Sale, Particularity in Pleadings
Source Language
english
Civil Procedure Contract Exception to Pleadings Contract of Sale Particularity in Pleadings

Source-derived case record

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

PolyBass Chemicals

Plaintiff

Sue Calasse

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the defendant's plea lacks averments necessary to sustain a defence
  2. 2 Whether the defendant's plea is vague and embarrassing

Ratio Decidendi

The defendant's plea specifically denies the purchase forming the basis of the plaintiff's claim, is clear and understandable, and does not cause embarrassment or raise a point of law that would dispose of the case; thus, the exception must fail.

Court Disposition

exception dismissed with costs

Orders

  • The exception is dismissed with costs.