The applicant is a holder of a lease agreement with the fourth respondent in respect of Stand number 5098 Saturday Retreat, Harare (the property). The applicant has been paying rentals to the fourth respondent in terms of that agreement. The applicant claims that the first and second respondents, who are members of the third respondent invaded the property and built structures thereon. This was done without the permission of the applicant and the fourth respondent. The applicant has instituted eviction proceedings against the respondents which proceedings have been defended. The applicant believes that the respondents have no bonafide defence to... More
On 1 August 2018 this court dismissed an application for absolution made by the defendant. The defendant appealed to the Supreme Court against this court’s decision under case number SC 421/19. The Supreme Court made the following order-
“IT IS ORDERED BY CONSENT THAT:
1. The appeal is allowed with costs
2. The decision of the court a quo is set aside
3. The matter is remitted to the court a quo for determination of all the issues that were placed before it” More
The applicant is the Messenger of the Magistrate Court at Karoi who approached the taxing officer requesting taxation of storage costs in respect of copper which was attached ad fundandum jurisdictionem under Case Number HC 10736/14. Pursuant to the order founding jurisdiction, respondent herein instituted proceedings for delictual damages under case number HC 805/15. The litigation was protracted. The parties eventually resolved their dispute and entered into a deed of settlement on 31` July 2023. The said deed was amended by an addendum dated 10 December 2023. The copper which was attached to found jurisdiction belonged to Tenke Fungurume Mining... More
This is an appeal against the judgment of the Magistrate sitting at Harare Magistrates Court.
The parties entered into what is termed a BOT agreement, which is a Build, Operate and Transfer agreement. Essentially the agreement is encapsulated in a document at p 46 of the record. More
