: 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
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
