Description
Res sub judice – similar matter filed before two courts – proof of existence of a partnership – general damages – special damages – issue raised in written submissions but was not pleaded nor framed as an issue – interest on general damages – rate of interest after delivery of judgement – rate of interest prior to delivery of judgment – costs for two advocates.
- Respondent filed a similar claim before the District Court and the High Court but withdrew the suit before the District Court prior to commencement of hearing of the suit before the High Court – the latter claim is not Res Sub Judice.
- A primary mining licence alone is not proof of existence of a partnership.
- Allegations of existence of a partnership but no proof of the terms thereof.
- Absence of evidence that the respondent invested into the partnership business.
- General damages awarded without a reason.
- Special damages awarded without proof.
- Court ordered dissolution of a partnership while it was not prayed in the pleadings and no issues were framed to that effect – the matter was only raised in written submissions – fatal.
- Cases must be decided on issues on the issues on record.
- Parties are bound by their pleadings.
- Whether an order for dissolution of a partnership can be granted under the prayer of any other relief.
- Interest on general damages is only due after delivery of judgment – it is wrong to award general damages from the date of filing the suit.
- Rate of interest after delivery of judgment is between 7% to 12% per year only – the award of 15% interest per month after delivery of judgment is wrong.
- The rate of interest prior to delivery of judgment is set at the discretion of the court.
- Interest before delivery of judgment is on special damages only and the rate should be reasonable.
- Circumstances where the court can grant costs for two advocates.
