ANDREW MILLS

versus

TANGANDA TEA COMPANY LIMITED

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 5, 7 October 2016 & 15 & 16 February 2017 & 11 April 2018

Civil Trial

E. T. Matinenga for the plaintiff

A. Rutanhira, with him R. Magundani for the defendant

ZHOU J: The plaintiff claims against the defendant payment of a sum of US$83 500 together with interest thereon at the prescribed rate, and transfer into his name of a Land Rover Discovery Motor Vehicle with registration number AAQ 0841 together with all expenses connected with such transfer.  He also claims costs of suit on the legal practitioner and client scale.  The claim is predicated upon a written agreement which was concluded on 23 June 2011.  In terms of that agreement the plaintiff resigned from his position as managing director of the plaintiff and director of the holding company of the defendant, Meikles Limited.  The agreement stipulates, among other things, that he is to be paid certain sums of money including the amount which is the subject of the instant claim.  The agreement was signed by the plaintiff and on behalf of the defendant by Brendon Beaumont who signed in his capacity as The Group Chief Executive of Meikles Limited.  The latter company is said to be the sole shareholder in the defendant. 

The claim is contested by the defendant primarily on the basis that the said Brendon Beaumont was not authorized by the defendant to represent it in concluding the agreement.  Subsequent to the filing of its plea the defendant by amendment raised additional defences.  The first such defence is an objection to the jurisdiction of this court on the ground that the dispute “is purely a labour matter” which falls within the exclusive jurisdiction of the Labour Court.  The