Both matters herein emanate from two separate election petitions lodged before the High Court, qua Electoral Court, in Case No. EC 21/18 and Case No. EC 37/18. They were consolidated and heard together and determined in a single composite judgment (No. ECH 2-19) by the court a quo. Both appeals were similarly consolidated and heard together in this Court. At the end of that hearing, following submissions by counsel on two preliminary issues, the Court made the following order:
1. Judgment in relation to both preliminary points:
(i) whether both appeals are properly before this Court in view of the... More
3. The appellant is a company duly incorporated in terms of the laws of Zimbabwe. The respondent is also a company incorporated in terms of the laws of Zimbabwe and is registered as a commercial bank. Sometime in March 2013, the parties entered into a loan agreement in terms of which the respondent granted a short-term loan facility to the appellant for an amount of USD160 000. In terms of the loan agreement, the appellant was to finance its business activities, particularly the procurement of raw materials. The appellant was also obliged to pay the respondent an amount equivalent to... More
HLATSHWAYO JA: This is an appeal against the whole judgment of the Fiscal Appeal Courthanded down on 1 November 2016 under judgment number HH 661/16 of case number FA 08/14, in terms of which the court handed down judgment in favour of the respondent.
The appellant seeks relief in the following terms:
WHEREFORE Appellant prays that the appeal be allowed with costs and that the order of the court a quo be set aside and substituted with the following:-
"The appeal be and is hereby allowed as prayed" More
This is an appeal against the whole judgment of the High Court (“court a quo”) dated 29 June 2024 in which, it dismissed the appellant’s application for a declaratory order.
[2] Magic Software, (the appellant) had sought declaratory relief in the following terms; -
“1. The Application for a declaratory order be and is hereby granted.
2. Applicant`s funds in the sum of USD 1,996 723, 02 which were deposited with the respondent constitute a foreign loan and foreign obligation.
3. The conversion of Applicant`s funds from United States Dollars to RTGS
Dollars is hereby declared unlawful and ultra vires... More
This is an appeal against the whole judgment of the High Court of Zimbabwe (the court a quo) handed down at Mutare on 9 May 2022 declining jurisdiction to hear and determine an application for a declaratory order of spoliation sought by the appellant. More
