This is an opposed summary judgment application.
The law on the relief of summary judgment is settled.
In sum, it is to enable a plaintiff with a clear case to obtain quick judgment against a defendant who has no real defence against the claim.
The plaintiff’s claim must be unanswerable both on the facts and the law.
To successfully repel such an application, the defendant must establish that he has a good prima facie defence.
Defendant must show that there is a mere possibility of his success at the trial, that he has a plausible case or that there is... More
In this application the applicant seeks the following relief:
“1. The respondents be and are hereby held to be in contempt of this
Honourable Court Order granted on 19 May 2009.
2. The respondents be and are hereby incarcerated for a period of ninety (90) days each.
3. Costs of this application shall be paid by the respondents”. More
On the 29th November 2017 I granted the applicants’ application and my reasons thereof were as follows: This is a ruling in an application for review in terms of section 27 (1) (c ) of the High Court Act, [Chapter7:06] More
The plaintiffs are the registered owners of an immovable property known as 7 Dougal Road, The Grange, Harare. In or about July 2004 the plaintiffs entered into a written agreement with the defendant, in terms of the property mentioned above was leased to the defendant for an initial period of six months, which was subsequently renewed on various occasions, the last such renewal have been agreed to in January 2009. At all material times, the plaintiffs were represented by their nominated agents, Gabriel Real Estate in setting the rentals and other conditions governing the lease. More
This is an application for a spoliation order. There is a lease agreement between the parties. The lease agreement dates back to 2011. Sometime in 2014 there was an attempt to evict the applicant from the premises but this court in 2018 granted absolution from the instance which resulted in the applicant remaining in occupation of the premises. The premises in question are commercial. More
