The plaintiff issued summons claiming firstly, payment by the first and second defendants jointly and severally, the one paying the other to be absolved, in the sum of USD 69 567.95 in respect of goods sold and delivered at the specific instance and request of POLYHANDY (PRIVATE) LIMITED, which is under provisional liquidation, and for which the first and second defendants bound themselves as sureties and co-principal debtors in respect of its debts. More
On the 6th of December 2017 a default order was granted against the applicant. In terms of the rules of the court the applicant if so advised, has 30 days within which to apply for the rescission of the default order. The applicant did not, and therefore seeks condonation for the late filing of the application for rescission. More
The history of mental illness runs deep in Learnmore Michael (the accused)’s family. His mother lives with mental illness. He has a sister who lives with the same condition whilst another of his sisters committed suicide. She was driven into it by a mental health problem. As will be illustrated later in this judgment, there is evidence that the accused may have been mentally ill at the time he committed this murder. It may not be possible to apportion blame on him for his actions. More
Vevhu approached this court on an urgent basis in terms of rule 40 of the Commercial Court Rules SI 123-20. It sought a provisional order, pending arbitration, interdicting Operation Nehemiah from carrying out certain civil works on a tract of land known as Lot 12 of Spitzkop. This parcel of virgin land (“Lot 12”), lies due west of Harare in the rural district of Zvimba. More
On 21 November 2023, applicant unsuccessfully moved to have this matter heard on an urgent basis. On 23 November 2023, I handed down the reasons, under judgment number HH 628-23, for deferring the matter to the ordinary roll. The matter was, in due course, set down on the normal roll and argued on the merits on 18 January 2024. Herewith the judgment. More
