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Masvingo High Court

ZIMBUILD PROPERTY INVESTMENTS (PVT) LTD v MHURAI RAVIRO CHOVUNOITA

HMA 21-24

Case Details

Court
Masvingo High Court
Date
3 June 2024
Citation
HMA 21-24
Neutral Citation
None
Outcome
unknown
Case Type
Review

Bench

Presiding
ZISENGWE J
Full Bench
ZISENGWE J
Areas of Law
Civil ProcedureLegal Practice
Keywords
DisbursementsAdvocate feesForeign currencyStatutory Instrument 85/2020Statutory Instrument 142/2019
Tags
Taxation of costsBill of costsLegal fees
legislation
Statutes Cited
  • High Court Rules, 2021
  • High Court Rules, 2021
  • High Court Rules, 2021
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the disbursement of US$20,000 for counsel's fees was reasonably incurred and should be allowed.","issue_type":"mixed","dispositive":"yes","related_facts":"Disbursements made on 8 and 23 April 2020; value of property at stake; SI 85/2020."}
  • {"issue_text":"Whether the engagement of an advocate was necessary in the circumstances.","issue_type":"law","dispositive":"yes","related_facts":"Complexity of the matter; value of the property involved."}
  • {"issue_text":"Whether the US$1,500 correspondent legal practitioner fees should be allowed.","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of proof of disbursement; reasonableness of the amount."}
  • {"issue_text":"Whether the transaction was illegal due to Statutory Instrument 142/2019.","issue_type":"law","dispositive":"yes","related_facts":"Dates of work, fee note generation, and disbursements relative to SI 142/2019 and SI 85/2020."}
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background
Facts of the Case

Background

The plaintiff sued the defendant for specific performance or damages for breach of contract regarding 14 residential stands. The plaintiff subsequently withdrew the summons and tendered wasted costs. The defendant then filed a bill of costs, which included disbursements for an advocate's fee and correspondent legal practitioner fees. The taxation of these costs was referred to the judge due to disputes over the amounts and currency.
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