Zvikomborero Murahwi v Pam Golding Properties Zimbabwe

Key Issues

• {"issue_text":"Whether the plaintiff's summons and declaration are excipiable for being prolix, incoherent, and failing to comply with the High Court Rules 2021.","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's exception detailing defects in pleading; plaintiff's response that claim is not excipiable"}
• {"issue_text":"Whether the plaintiff's claim has prescribed in terms of section 14 of the Prescription Act.","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's special plea that cause of action arose on 28 August 2018; plaintiff's reliance on COVID-19 Practice Directions"}
• {"issue_text":"Whether the plaintiff's claim for payment in United States Dollars is valid given the currency regulatory regime.","issue_type":"law","dispositive":"no","related_facts":"Defendant's objection that currency obligation should default to RTGS Dollars; plaintiff's reliance on contract terms"}

Background