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Harare High Court

Dairibord Malawi Limited v Pitiel Mudyandzo

HH 55-2007

Case Details

Court
Harare High Court
Date
11 July 2007
Citation
HH 55-2007
Neutral Citation
[2007] ZWHH 55
Outcome
unknown
Case Type
Trial

Bench

Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Contract LawCommercial LawCivil Procedure
Keywords
motor vehicle loan agreementcession of rightslocus standicontract interpretationsecondmenttransfer of employment
Tags
motor vehicle loancessionlocus standicontract interpretation
legislation
Statutes Cited
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether plaintiff has locus standi to claim from defendant the balance due under motor vehicle loan agreement following defendant's transfer to DZL","issue_type":"law","dispositive":"yes","related_facts":"Defendant's transfer to DZL, alleged cession of loan arrangement, absence of formal cession agreement"}
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background
Facts of the Case

Background

The defendant was seconded from Dairibord Zimbabwe Limited to plaintiff as Finance Manager and Company Secretary. During secondment, parties entered motor vehicle loan agreement. When secondment was terminated and defendant recalled to DZL, he left with the vehicle still owing MK 989,355.84. Plaintiff sued for recovery. Defendant raised locus standi defence claiming cession of loan to DZL.
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