Rosemary Nyahuye (In her capacity as the Executrix Dative of the Estate of Late Farayi Benjamin Njiwah (DR 4397/99)) replaced by Richard Manwick Dhaka v Leo Electrical (Private) Limited & The Master of the High Court

Key Issues

• {"issue_text":"Whether the court a quo erred in refusing to grant absolution from the instance","issue_type":"procedural","dispositive":"no","related_facts":"Prescription was raised during trial"}
• {"issue_text":"Whether the court a quo erred in failing to find that the plaintiff's claim had prescribed","issue_type":"mixed","dispositive":"yes","related_facts":"Six-year delay between 2006 and 2012; prescription raised during trial"}
• {"issue_text":"Whether the court a quo erred in finding that the appellant's witness lacked locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Richard Manwick Dhaka replaced original appellant"}
• {"issue_text":"Whether the court a quo erred in holding that the agreement was lawfully cancelled","issue_type":"law","dispositive":"no","related_facts":"Breach of clauses 3 and 4; notice given; termination on 25 September 2012"}

Background