Sawa Security (Pvt) Ltd. v Resources & Inv. (Pvt) Ltd. (HB 147 of 2016; HC 975 of 2015) [2016] ZWBHC 147 (7 June 2016)
The respondent raised a bona fide defence regarding a potential counter-claim for stolen goods, making summary judgment inappropriate at this stage.
- Citation
- [2016] ZWBHC 147
- Parties
- Applicant: SAWA SECURITY (PVT) LTD t/a MALIGREEN MINE; Respondent: RESOURCES AND INVESTMENT (PVT) LTD
- Court
- Bulawayo High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 7 June 2016
- Case Number
- HB 147 of 2016 ; HC 975 of 2015
- Procedural Posture
- Civil / Application for Summary Judgment
- Outcome
- application dismissed
- Legal Topics
- Summary Judgment, Set Off, Duress, Counter Claim
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
SAWA SECURITY (PVT) LTD t/a MALIGREEN MINE
Applicant
RESOURCES AND INVESTMENT (PVT) LTD
Respondent
Procedural Posture
Civil / Application for Summary Judgment
Legal Issues
- 1 Whether the applicant is entitled to summary judgment for unpaid security services
- 2 Whether the respondent has a bona fide defence based on duress and set-off/counter-claim
Ratio Decidendi
The respondent raised a bona fide defence regarding a potential counter-claim for stolen goods, making summary judgment inappropriate at this stage.
Court Disposition
application dismissed
Orders
- Application for summary judgment is dismissed with costs in the main cause.
Full Case Text
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