Total Zimbabwe Limited V SM TYRE (Private) Limited

### Preamble
1
HH 245-2012
HC 11276/11
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TOTAL ZIMBABWE LIMITED

versus

SM TYRE (PRIVATE) LIMITED

HIGH COURT OF ZIMBABWE

MATHONSI J

HARARE, 12 June 2012

Opposed Matter

T Pasirai, for the applicant

The respondent in default

MATHONSI J:  The respondent was served with the applicant’s heads of argument on 13 February 2012. In terms of r 238 (2a) of the High Court of Zimbabwe, Rules 1971, the respondent was required to file its own heads of argument within fourteen days after delivery of the applicant’s heads of  argument upon it.

The respondent did not do so. Therefore in terms of subr (2b) of r 238 the respondent is barred by reason of failure to file heads of argument. I am therefore entitled to deal with the matter on the merits.

That is not the only problem the respondent is facing. Although the respondent was served with a notice of set down for today’s hearing on 3 May 2012, the respondent is in default.

Having examined the papers filed of record I am satisfied that the applicant has made out a good case for the relief sought and is entitled to an order in terms of the draft order filed of record.

In the result, I grant the following order, that:

The respondent shall pay to the applicant the sum of US$37 497-42.

Interest on the above sum at the rate of 5% per annum from date of filing of court application to date of payment in full

Payment of collection commission on all amounts claimed herein calculated in accordance with By-Law 70 (2) of the Law Society of Zimbabwe By-Laws 1982.

The respondent shall pay the costs of suit at legal practitioner and client scale.

Gill, Godlonton & Gerrans, applicant’s legal practitioners