GWAUNZA DCJ
[1] This is an appeal against a judgment of the High Court which found that the appellants and the respondenthad concluded a loan agreement and consequently ordered the appellants to pay certain amounts of money to the respondent.
After hearing the parties, the court dismissed the appeal with costs and indicated that thereasons for the order would follow in due course. These are the reasons.
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This is a chamber application made in terms of r 12 of the Supreme Court Rules ,1964.
The brief background to this application may be summarised as follows:
The applicants are husband and wife. They approached the court a quo, by way of urgent chamber application, seeking a stay of execution and return of goods which had been removed pursuant to a writ of execution following a default judgment which was granted in favour of the second respondent. The default judgment, related to a claim by the second respondent, who was the legal practitioner for the second applicant, claiming unpaid...
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MATHONSI JA: This is an appeal against the whole judgment of the High Court handed down on 23 July 2020 which declared the first respondent the rightful owner of a Cat Caterpillar Dump Truck 769C. The Caterpillar was purchased by the first respondent at a judicial auction conducted by the Sheriff on 18 October 2019 at Devuli Farm in Bikita.
After hearing arguments we issued the following order:
“1. The appeal be and is hereby dismissed.
2. By consent, the appellant shall pay costs at the ordinary scale.
3. The reasons for judgment will be delivered in due course.”
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