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BAKARIS v KATTAVENOS 2009 (1) ZLR 6 (H)

2009 (1) ZLR p6

Citation

2009 (1) ZLR 6 (H)

Case No

Judgment No HH-1-09

Court

High Court, Harare

Judge

Kudya J

Heard

4 December 2007; 17 December 2007; 19 December 2007

Judgment

14 January 2009

Counsel

E T Matinenga, for the plaintiff
Mrs J B Wood, for the defendant

Case Type

Civil action

Annotations

No case annotations to date

Flynote

Partnership – dissolution – division of property following dissolution – actio communi dividendo – principles – court's discretion – need for plaintiff to plead ancillary claims relating to adjustment of claim – assessment of value of claims

Practice and procedure – claim – quantification – inflation – effect of – adjustment of claim to counter effects of inflation – such adjustment contrary to principle of nominalism

Property and real rights – property – division of – following dissolution of partnership – actio communi dividundo – principles – court's discretion – need for plaintiff to plead ancillary claims relating to adjustment of claim – assessment of value of claims – adjustment of claims to counter effects of inflation – such adjustment contrary to principle of nominalism

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