HB 042-18 ADMIRE TAKAWIRA versus ZIMBABWE IRON AND STEEL COMPANY LIMITED

ADMIRE TAKAWIRA

versus

ZIMBABWE IRON AND STEEL COMPANY LIMITED

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 20 FEBRUARY 2018 AND 1 MARCH 2018

 

 

Opposed Application

 

 

T Zishiri for the applicant

S Siziba for the respondent

 

 

MATHONSI J:          This is a summary judgment application in which the applicant, a former employee of the respondent, initially sought an order for payment of $170 632-08 against the respondent together with interest at the prescribed rate from the date of summons to date of payment in full and costs of suit on a legal practitioner and client scale.  At the hearing of the application Mr Zishiri who appeared for the applicant applied to amend the claim to $141 311 -08, and I granted the application, in recognition of payments made by the respondent subsequent to the issue of the summons which have reduced the amount outstanding.  Indeed Mr Siziba for the respondent acknowledged that the respondent has been making payments to the applicant in instalments of $5331-00 per month from November 2017 which instalments it unilaterally fixed without the consent of the applicant.  Those payments have reduced the capital amount.

The brief background is that the applicant sued out a summons in HC 2383/17 against the respondent for payment aforesaid.  He averred that he had previously been employed by the respondent as Company Secretary which employment was terminated on 31 August 2016 on which date the respondent acknowledged indebtedness to him in the sum of $170 632-08 being arrear salaries of $146 598-24 and terminal benefits of $24 033-84.  As the respondent had not paid those sums the applicant sought a court order for payment.

When the respondent entered appearance to defend the applicant formed the opinion that such was for dilatory purposes and made this application for summary judgment.  In his founding 

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