FIELD NO & ANOR v COMPUSERVE (PVT) LTD 1990 (2) ZLR 253 (H)
Citation | 1990 (2) ZLR 253 (H) |
Case No | Details not supplied |
Court | High Court, Harare |
Judge | Smith J |
Heard | 19 July 1990 |
Judgment | 29 August 1990 |
Counsel | A J Dyke for first and second plaintiffs |
Case Type | Application for summary judgment |
Annotations | Link to case annotations |
Flynote
Practice and procedure — papers placed before judge in chambers — duty of registrar to ensure papers are in order — further duty to ensure parties do not wish to be heard.
Statutes — Arbitration Act [Chapter 12] s 24 — question in dispute must consist wholly or in part of matters of account — court to decide what is to be submitted to arbitrator — issues to be crystallised before any application in terms of s 24 is made.
Insolvency — account and debate — wrongful deprivation of property by another — victim entitled to an account — liquidator's duty to decide whether or not to abide by a contract — Liquidator entitled to an account.
Contract — supervening impossibility — need to establish that obligation completely impossible of fulfillment.
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