This claim is steeped in delict. The allegations against the two defendants, jointly and severally, the one paying the other to be absolved, are that the second defendant (a farm guard), acting within the course and scope of his employment with the first defendant, “wrongfully and unlawfully pointed and discharged a firearm at the plaintiff” at Debshan Ranch, Gweru, on 26 April 2008. As a consequence of the second defendant’s wrongful and unlawful conduct, the plaintiff sustained injuries, pain, shock and suffering, the nature and effect of which is detailed in the medical report that was attached to the summons... More
The plaintiff in this case issued summons claiming US$78 000.00 against the two defendants jointly and severally the one paying the other to be absolved on 1 June, 2010. The cause of action, as gleaned from the plaintiff’s declaration, is premised on the fact that the second defendant ( a farm guard), acting within the course and scope of his employment with the first defendant, “wrongfully and unlawfully pointed and discharged a firearm at the plaintiff” at Debshan Ranch, Gweru, on 26 April 2008. As a result of second defendant’s wrongful and unlawful conduct the plaintiff sustained injuries, pain, shock... More
This is an appeal against the judgment of the Magistrate sitting at Harare.
The appellant was the plaintiff in the court a quo while respondent was the defendant. The issues before the trial court and indeed before us were narrowly defined. Plaintiff lent the defendant the sum of US$15 000 in February 2016. An acknowledgement of debt was signed to that effect. The acknowledgement of debt is contained at p 18 of the record. The defendant does not dispute signing the acknowledgement of debt. More
The applicant seeks an order postponing or suspending the sale of a dwelling in terms of s 348 (A) 5 (a) of the High Court Rules, 1971, the Rules. More
Applicant seeks a declaratory order in the following material terms; -
1. It is declared that the respondent does not own any shares neither is it a shareholder of applicant and has no right and or title to claim as regards the exercise of shareholder powers/rights within applicant.
2. Any act done or performed by the respondent whilst purporting to be a shareholder of the Applicant be and is hereby declared null and void. More
