Jackson Muguti v Harambe Holdings (Pvt) Ltd t/a Freshbake

HH 210/2013

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Case Details

Court

Harare High Court

Date

3 July 2013

Citation

HH 210/2013

Neutral Citation

[2013] ZWHH 210

Outcome

unknown

Case Type

Application

Bench

Presiding

Mathonsi J

Full Bench

Mathonsi J

Areas of Law

Civil ProcedureDebt CollectionCession

Keywords

summary judgmentdebt collectorcessionliquidated demandvehicle hire agreement

Key Issues

{"issue_text":"Whether applicant has made out a case for summary judgment under Rule 64","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to attach documentary proof, inability to swear positively to facts, filing of additional affidavits without leave"}
{"issue_text":"Whether applicant, as cessionary, can properly depose to supporting affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not enter into agreement with respondent, has no personal knowledge of transaction"}

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background

Facts of the Case

Background

The applicant, a debt collector, sought summary judgment against the respondent for US$1,245 arising from a vehicle hire agreement. The respondent allegedly hired a motor vehicle from Chengetai Joseph Chimbo, who later ceded his claim to the applicant. The respondent denied any dealings with Chimbo and claimed it was wrongly cited.

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