NEXBAK INVESTMENTS (PVT) LTD & ANOR v GLOBAL ELECTRICAL MANUFACTURERS (PVT) LTD & ANOR 2009 (2) ZLR 270 (S)
Citation | 2009 (2) ZLR 270 (S) |
Case No | Judgment No. S-43-09 |
Court | Supreme Court, Harare |
Judge | Sandura JA, Cheda JA and Ziyambi JA |
Heard | 24 June 2008 |
Judgment | 22 October 2009 |
Counsel | A A Debwe, for the appellants |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Costs – legal practitioner and client scale – award of costs on the higher scale – general behaviour of litigants throughout the litigation completely unjustified
Lien – creditor's lien – scope of – debt arising ex contractu – personal right only – when right of retention arises – creditor not having performed work on or incurred expenditure on such property – creditor having no lien over property
Lien – salvage lien and improvement lien – rights given by such liens – both liens confer real rights valid against the world
Practice and procedure – pleadings – prescription – allegation of prescription in special plea – opposing party relying on interruption of prescription – need to file replication alleging interruption
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