Robert Dow v Pomelo Mining (Private) Limited

HH 511/22

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Case Details

Court

Harare High Court

Date

27 July 2022

Citation

HH 511/22

Neutral Citation

[2022] ZWHH 511

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Civil ProcedureCommercial LawEvidence

Keywords

Rule 53(14)Viva voce evidenceInterrogatoriesCompany representationPoint in limine

Key Issues

{"issue_text":"Whether Edward Holme's opposing affidavit is valid in absence of company resolution or authority","issue_type":"procedural","dispositive":"yes","related_facts":"Edward Holme deposed to affidavit; no resolution produced; no statement of authority"}
{"issue_text":"Whether applicant has shown sufficient cause to dispense with viva voce evidence under r 53(14)","issue_type":"procedural","dispositive":"no (obiter after striking out opposition)","related_facts":"Applicant UK resident; COVID-19 restrictions; 10-day quarantine; short notice of trial"}

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background

Facts of the Case

Background

Applicant advanced US$200,000 to respondent under a facility agreement repayable by May 2016. Respondent defaulted; applicant issued summons in 2018. Trial set for January 2022 but applicant, a UK resident, sought to lead evidence on affidavit due to COVID-19 travel restrictions. Respondent opposed through Edward Holme without showing company resolution or authority.

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