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METALLON GOLD ZIMBABWE (PVT) LTD & ANOR v GURA 2020 (2) ZLR 43 (S)

2020 (2) ZLR p43

Citation

2020 (2) ZLR 43 (S)

Case No

Judgment No. S-93-20

Court

Supreme Court, Harare

Judge

Garwe JA, Makarau JA & Gowora JA

Heard

14 March 2019

Judgment

2 July 2019

Counsel

F Girach, for the appellants
T Magwaliba, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Practice and procedure – plea – lis alibi pendens – when should be upheld – issue pending before another court with requisite jurisdiction-

Prescription – debt – when begins to run – as soon as due other than where debtor willfully prevents creditor from knowing of existence of debt

Prescription – interruption of – whether institution of claim in response to which counterclaim is filed serves to interrupt – counter-claim premised on same cause of action as main claim-allegations of interruption- one who alleges obliged to replicate

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