1. The appeal is allowed with costs. 2. The judgment of the court is set aside and substituted with the following: a quo The application is dismissed and leave is given to the defendant to defend the “(i) action. (ii) The costs of the application for summary judgment are reserved for determination by the trial court.” GARWE JA: I agree PATEL JA: I agree appellant’s legal practitioners Tavenhave & Machingauta, respondent’s legal practitioners Scanlen & Holderness,
1. The appeal is allowed with costs. 2. The judgment of the court a quo is set aside and substituted with the following: “(i) The application is dismissed and leave is given to the defendant to defend the action. (ii) The costs of the application for summary judgment are reserved for determination by the trial court.” GARWE JA: I agree PATEL JA: I agree Tavenhave & Machingauta, appellant’s legal practitioners Scanlen & Holderness, respondent’s legal practitioners
SC-53-14%20TAVENHAVE%20%26%20MACHINGAUTA%20LEGAL%20PRACTITIONERS%20v%20THE%20MESSENGER%20OF%20COURT.docx