TOTAL ZIMBABWE (PVT) LTD v POWER COACH EXPRESS (PVT) LTD 2010 (2) ZLR 1 (H)

2010 (2) ZLR p1

Flynote

Company - legal proceedings - authorization for - what must be shown - not always necessary for proof of resolution by company's board

Contract-compromise - agreement between parties to litigation – judgment ordering respondent to deliver items to applicant - agreement by applicant not to execute upon judgment against delivery of alternative items by

Respondent - effect of agreement - not an abandonment by applicant of judgment in its favour - no unequivocal abandonment by applicant of its right to enforce judgment - onus upon respondent to establish its case by facts set out in its papers

Practice and procedure - abandonment - of claim or judgment – what constitutes abandonment

Practice and procedure - affidavit -founding affidavit - affidavit filed on behalf of a company - what deponent must aver - not always necessary to prove resolution by company to authorize litigation

Practice and procedure - joinder - of parties to litigation - interest of third party - no contractual bond between applicant and the third party - joinder of third party not necessary

Practice and procedure – party – company - litigation by - board authorization to institute such litigation - challenge by other party as to the existence of such authorization - not necessary in every case to produce such board resolution to establish authorization - circumstances where such production to a court is not necessary

Words and phrases - "abandonment" - of a right - meaning – connotes relinquishment of right to the control or in favour of another