This is an application for a declaratory order. It is vigorously contested. The applicant is an expansive mining concern and a taxpayer. It is in dispute with the respondents over the correct method of computing its income tax liabilities. The dispute arises partly on account of the fact that the applicant’s income and expenditure are predominantly in foreign currency and only marginally in local currency. The parties differ on their interpretation of the law regarding the correct method of deductions from revenue of the expenditure incurred in foreign currency, and the deduction from revenue of the expenditure incurred in local... More
The applicant sought an order evicting the respondent and all those claiming occupation through him from House No. 15 Baines Road, Victoria Falls (the property). It also sought an order for costs. More
The first respondent instituted summons action against the present applicant and the second respondent in this court seeking an order for damages in the total sum of US$65 000-00 arising out of a motor vehicle accident which occurred at the 203 km peg along the Harare-Mutare road on 15 November 2009. In that collision, the first respondent’s Toyota Hiace Commuter Omnibus was extensively damaged, after it collided with a Toyota Diana minibus driven by the second respondent, and caught fire. More
This is an application for execution pending appeal.
On 9 July 2013 I granted the following order:-
“1. Execution of the judgment in case number HC 2583/10 pending appeal be and
is hereby granted.
2. Respondent shall pay the costs of suit on a Legal Practitioner and client scale”. More
This application is redolent with irregularities. This, understandably, constrained the respondent to raise a number of points in limine praying for its dismissal.
The irregularities complained of, which were not fully conceded by the applicant, are these:
1. the application does not comply with R 227(3) in that when it was filed, it did not contain a draft of the order sought; More
