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Harare High Court
Graduate School of Management Design Team (GSM) v University of Zimbabwe
HH 710-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 710-18
Neutral Citation
[2018] ZWHH 710
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Civil procedureContract lawCommercial litigation
Keywords
Locus standiAssociationPartnershipProfessional servicesOrder 2A
Tags
Professional servicesContractual disputeLocus standi
legislation
Statutes Cited
- High Court Rules, 1971
- Rule 7: “‘association’ includes — (a) a trust; and (b) a partnership, a syndicate, a club or any other association of persons which is not a body corporate.”
- Rule 8: “Subject to this Order, associates may sue and be sued in the name of their association.”
- Rule 8C: “Subject to this Order, a person carrying on business in a name or style other than his own name may sue or be sued in that name or style as if it were the name of an association …”
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff has locus standi in judicio to institute action under Order 2A of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff styled itself as a team; plaintiff had been operating since 2002"}
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background
Facts of the Case
Background
The plaintiff, a consortium of design and engineering companies, sued the defendant University of Zimbabwe for US$1,824,478.80 for professional services rendered over a 10-year period from 2002 to 2012. The defendant raised a point in limine challenging the plaintiff's locus standi, arguing the plaintiff was neither an association nor a partnership and therefore could not institute action under Order 2A of the High Court Rules.
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