Supreme Court of Zimbabwe - 2002 April

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3 judgments

Citation	Judgment date
April 2002
Foodex (Pvt) Ltd. v Climax Investments (Pvt) Ltd (Civil Appeal 47 of 2001; SC 16 of 2002) [2002] ZWSC 16 (11 April 2002) Whether the bank could debit the applicant's current account for a letter of credit and charge punitive interest. Banking law — letter of credit — right to debit customer's account; unauthorised overdraft — punitive interest permissible under bank terms; demand and mora — notice of amendment not a demand; costs — trial judge's discretion	11 April 2002
Heating Elements Engineering (Pvt) Ltd. and Others v Eastern and Southern African Trade and Development Bank (PTA Bank) (Civil Appeal 143 of 1999; SC 13 of 2002) [2002] ZWSC 13 (11 April 2002) Default judgment set aside where High Court Rules 80–81 (Form No.9 endorsement and proof of service) were not complied with. Civil procedure — Default judgment — Barring procedure — High Court Rules 80 & 81 — Form No. 9 endorsement must be duly completed — Proof/certificate of service (Forms 6 or 7) required when notice served by messenger — Non-compliance renders barring and ensuing default judgment a nullity — Rule 63 inapplicable to judgments that are nullities	11 April 2002
Tsvangirai v Registrar General of Elections and Others (Const. Application 76 of 2002; SC 20 of 2002) [2002] ZWSC 20 (3 April 2002) Whether a presidential candidate had locus standi under s24(1) to challenge presidential regulatory powers under s158 and SI41D. Constitutional law – standing under section 24(1) – requirements to allege infringement of a Declaration of Rights in respect of the applicant – cannot litigate on behalf of others (unless detained); Electoral law – section 158 of the Electoral Act (presidential power to make statutory instruments) – challenge raised but not decided; Statutory Instrument 41D – validity not reached; appropriate remedy for directions to electoral officers is judicial review in High Court.	3 April 2002