The applicant seeks the grant of a provisional order in the following terms;
“TERMS OF THE INTERIM ORDER GRANTED
1. The order in case number HC 9919/13 be and is hereby stayed pending the hearing of the application for rescission of judgement under case number HC 10247/13. More
: This is a claim by the plaintiff for damages in the sum of USD1 300 000.00, interest thereon at the rate of five percent per annum from 18 January 2012 to the date of final payment, and costs of suit. The damages claim arises from the removal of the plaintiff’s bakery and other equipment from premises at 65 Mutare Road, Msasa, Harare where the plaintiff had previously operated a bakery business under the name Q-Tees Bakery. The said premises belong to a company known as Crestlane Investments (Private) Limited. More
On 29 December 2009 the plaintiff herein issued summons against the two defendants wherein it sought payment against them, jointly and severally, for the following:
a) US $247 143.21,
b) US$33 088.88 being accrued interest on the said sum of US$ up to 30th November 2009
and
c) further interest on the said capital sum of US$247 143.21 at 5% per annum with effect
from 1 December 2009 until date of payment. More
: Rule 236 (4)(b) of the Rules of this Honourable Court provides that “where the applicant has filed an answering affidavit in response to the Respondent’s opposing affidavit but has not, within a month thereafter, set the matter down for hearing, the respondent, on notice to the applicant may either… make a chamber application to dismiss the matter for want of prosecution, and the judge may order the matter to be dismissed with costs or make such other order on such terms as he thinks fit.” Pursuant to the provisions of the above rule the applicant filed the present application... More
"Till death do us part" These are the vows that the parties made during their marriage on 2 August 2003. These are the vows which the defendant has clung to throughout the trial and has refused to consent to divorce even where all the evidence led during the trial, including her own evidence, leads one to the inescapable conclusion that the marriage had irretrievably broken down More
