Zealous Nyabadza versus National Pharmaceutical Company of Zimbabwe

HH 37 - 25

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Case Details

Court

Harare High Court

Date

27 January 2025

Citation

HH 37 - 25

Neutral Citation

[2025] ZWHH 37

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Contract LawCivil Procedure

Keywords

SettlementCompromiseVerbal AgreementLocus StandiMaterial Dispute of Fact

Key Issues

{"issue_text":"Whether the notice of opposition is valid despite the deponent being counsel for the respondent and not having a board resolution.","issue_type":"procedural","dispositive":"no","related_facts":"Mr. Kondongwe deposed to the opposing affidavit without a board resolution."}
{"issue_text":"Whether there are material disputes of fact that cannot be resolved on the papers, specifically regarding the alleged verbal agreement compromising the deed of settlement.","issue_type":"fact","dispositive":"yes","related_facts":"The respondent alleges a verbal agreement; the applicant denies it."}

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background

Facts of the Case

Background

The applicant sought registration of a deed of settlement which required the respondent to pay wasted costs on an attorney-client scale. The respondent alleged that a subsequent verbal agreement compromised the deed of settlement, waiving the costs in exchange for the applicant waiving security for costs in a separate appeal. The applicant denied the existence of such a verbal agreement.

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