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FIELD NO & ANOR v COMPUSERVE (PVT) LTD 1990 (2) ZLR 253 (H)

1990 (2) ZLR p253

Citation

1990 (2) ZLR 253 (H)

Case No

Details not supplied

Court

High Court, Harare

Judge

Smith J

Heard

19 July 1990

Judgment

29 August 1990

Counsel

A J Dyke for first and second plaintiffs
M J Gillespie for defendant

Case Type

Application for summary judgment

Annotations

Link to case annotations

Flynote

Practice and procedure — papers placed before judge in chambers — duty of registrar to ensure papers are in order — further duty to ensure parties do not wish to be heard.

Statutes — Arbitration Act [Chapter 12] s 24 — question in dispute must consist wholly or in part of matters of account — court to decide what is to be submitted to arbitrator — issues to be crystallised before any application in terms of s 24 is made.

Insolvency — account and debate — wrongful deprivation of property by another — victim entitled to an account — liquidator's duty to decide whether or not to abide by a contract — Liquidator entitled to an account.

Contract — supervening impossibility — need to establish that obligation completely impossible of fulfillment.

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