Before us is an appeal and cross appeal. The brief background facts which are common cause are that the appellant has been leasing the respondent’s premises, namely shops 10 and 11 Kensington Centre in Harare (the premises), for the past twenty-five plus years. Throughout this relationship, the parties would conclude periodic leases and the last such agreement was executed on 12 September 2019. It would run from 1 September 2019 to 31 December 2020. In terms of clause 3, the rentals were payable in Zimbabwean dollars at the Stanbic Bank midrate for the day, charged per month. For the period... More
The applicant sought a provisional order which I granted as amended on 3 May 2021. Reasons for my order have been requested in writing for the purposes of an appeal, which has since been lodged. The provisional order sought was to effectively grant the applicant unrestricted access to the unoccupied portion of Modzone Farm. Below are the reasons behind my decision. More
The principle which the court laid in Smith v Hughes, RL6 QBD 597 te 607 holds true today just as it did at the time that it was pronounced. It neatly fits into the circumstances of this application. It reads:
“If, whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would equally be bound as if he had intended to agree to... More
This is an application for leave to execute a judgement of the High Court granted on 26 November 2010 HC 5332/06 pending an appeal noted in the Supreme Court by the respondent on 14 December 2010. More
The applicants were the recipients of an arbitral award granted on 22 July 2009 against the respondent. In this application they seek the procedural relief of registration of the award as a judgment of this court in terms of s 98 (14) as read with s 98 subs (13) and (15) of the Labour Act [Cap 28:07]. They do not seek any substantive relief.
The respondent has opposed this application on the grounds that the award was irregularly obtained. An appeal against the grant of the award is pending in the Labour Court as well as an application for stay... More
