Chiwa Chipwere v Manyame Milling Company (Pvt) Ltd

HH 564-17

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Case Details

Court

Harare High Court

Date

30 August 2017

Citation

HH 564-17

Neutral Citation

[2017] ZWHH 564

Outcome

unknown

Case Type

Trial

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Contract LawCompany LawCivil Procedure

Keywords

PrescriptionAbsolution from the instanceOral agreementDirector's feesShares allotmentGeorge Paliouras

Key Issues

{"issue_text":"Whether defendant entered into agreement with plaintiff in October 2008","issue_type":"fact","dispositive":"yes","related_facts":"Alleged oral agreement, plaintiff's conduct, George Paliouras' authority"}
{"issue_text":"Whether plaintiff's claims are extinguished by prescription","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement provided payment after 2 years from October 2008, summons issued November 2013"}
{"issue_text":"Whether defendant should produce secretarial files and financial statements","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's alternative claim for production of documents"}

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background

Facts of the Case

Background

The plaintiff claimed he entered into an oral agreement with the defendant in October 2008 to revive its dormant milling operations, under which he would receive shares and director's remuneration equivalent to George Paliouras. The defendant denied any such agreement and raised prescription. After the plaintiff closed his case, the defendant applied for absolution from the instance.

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