Zimbabwe Security Guard’s Union versus National Eye Security Services (Pvt) Ltd

HH 677-17

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Case Details

Court

Harare High Court

Date

4 October 2017

Citation

HH 677-17

Neutral Citation

[2017] ZWHH 677

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Civil ProcedureContract LawLabour Law

Keywords

Summary JudgmentPleadingsVerification of ClaimJurisdictionLocus Standi

Key Issues

{"issue_text":"Whether the applicant's pleadings were sufficient to support an application for summary judgment.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant's summons and declaration were vague and failed to comply with Order 17 r 109."}
{"issue_text":"Whether this court has jurisdiction to hear the matter.","issue_type":"procedural","dispositive":"no","related_facts":"The respondent argued the dispute was a Labour matter suited for the Labour Court."}
{"issue_text":"Whether the applicant verified its claim on affidavit.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant did not depose to facts linking the parties or attach evidential documents."}

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background

Facts of the Case

Background

The applicant, a union, sued the respondent for US$13,433.44, alleging the respondent collected subscription fees on its behalf but failed to remit the full amount. The respondent denied the claim and raised a jurisdictional objection. The applicant applied for summary judgment, which was dismissed due to defective pleadings.

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