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DALLAS & ORS v POMELO MINING (PVT) LTD 2019 (3) ZLR 709 (H)

2019 (3) ZLR p709

Citation

2019 (3) ZLR 709 (H)

Case No

Judgment No. HH-658-19

Court

High Court, Harare

Judge

Muzofa J

Heard

25 July 2019

Judgment

10 October 2019

Counsel

Z Mlambo, for the plaintiff
R Nyapadi, for the defendant

Case Type

Civil action

Annotations

Flynote

Costs – claim for costs and collection commission – plaintiff not entitled to both unless contract specifically provided for both

Practice and procedure – law applicable – parties to contract agreeing that in event of a dispute English law would apply – substantive law of England to apply

Practice and procedure – exception – exception on grounds of prescription -- wrong procedure – should have raised issue by special plea and not by way of exception

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