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Bulawayo High Court

M.O.B. Capital (Pvt) Ltd v Tererai Edwin Chabata and Lynette Chabata

HB 91/19

Case Details

Court
Bulawayo High Court
Date
13 June 2019
Citation
HB 91/19
Neutral Citation
[2019] ZWHB 91
Outcome
unknown
Case Type
Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Civil procedureCommercial law
Keywords
Further particularsInvestment agreementOral agreementAbuse of process
Tags
Civil procedureFurther particularsInvestment dispute
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to compel respondents to supply further and better particulars","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed second request after receiving first particulars; Applicant had not filed plea"}
  • {"issue_text":"Whether the requested particulars are necessary for pleading","issue_type":"procedural","dispositive":"no","related_facts":"Particulars relate to mathematical calculations and internal investigations"}
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background
Facts of the Case

Background

The applicant, M.O.B. Capital (Pvt) Ltd, brought an application to compel the respondents to supply further and better particulars regarding an investment dispute. The respondents had issued summons claiming $24,380 arising from an alleged oral investment agreement. After initially requesting and receiving particulars, the applicant filed a second request which the respondents refused, leading to this application.
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