Stewarts and Lloyds (Pty) Ltd v Mashoko (HC 1974 of 2007; HC 2830 of 2007; Ref HC 1974 of 2007) [2008] ZWBHC 15 (5 November 2008)

The respondent's defence was not bona fide and not valid at law, as the contract was between the parties and third-party issues cannot frustrate the applicant's claim.

Citation: [2008] ZWBHC 15
Parties: Applicant: Stewarts and Lloyds (Private) Limited; Respondent: Morrison Mashoko
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 5 November 2008
Case Number: HC 1974 of 2007 ; HC 2830 of 2007 ; Ref HC 1974 of 2007
Procedural Posture: Civil / Summary Judgment Application
Outcome: summary judgment granted for applicant
Legal Topics: Summary Judgment, Breach of Contract, Specific Performance, Alternative Relief
Source Language: English

Contract Law Summary Judgment Breach of Contract Specific Performance Alternative Relief

Case Brief

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Parties

Stewarts and Lloyds (Private) Limited

Applicant

Morrison Mashoko

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

1 Whether the respondent has a bona fide defence to the claim for delivery of the IT Windmill or payment of its value

Ratio Decidendi

The respondent's defence was not bona fide and not valid at law, as the contract was between the parties and third-party issues cannot frustrate the applicant's claim.

Court Disposition

summary judgment granted for applicant

Orders

Defendant to deliver to plaintiff an IT Windmill within 20 days of service of this order.
Alternatively, defendant to pay the cost of the IT Windmill with interest at the current prevailing bank rate at the time of judgment.