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
The applicant through its Business Performance Manager, one Bernard Chizengeya, filed the present application for rescission of the order granted under case HC 4169/20 dated 21 October 2020. The present application is filed in terms of rule 449 (1) (a) of the High Court Rules, 1971 (“the old Rules”). What had happened is that, sometime in August 2020, the first respondent petitioned this court on an urgent basis under HC 4169/20 for an interdict. He sought an interim order in two parts, firstly, authorizing him to resume his mining and allied operations at Special Grants 7667, 7668, and 7669. Secondly,... More
