From a distance this is a simple application for rescission of judgment in order to pave way for the reinstatement of the defendant’s plea which was struck out by this court on 21 October 2010. A closer look at the application and the responses thereto make interesting, edifying and of course quite revealing aspects of the law as canvassed by the parties. I propose to start by providing a detailed background of this case. More
On 18 December 2009 the applicant herein issued a purchase order in favour of the respondent for the supply by the latter of 2500 diaries at the total price of US$25 242-50. The diaries were for the year 2010 and it is common cause that the respondent has delivered to the applicant a total of 566 diaries valued at US$4 213-83. The respondent has not delivered the balance and the applicant has cancelled the contract and has now approached this court for an order for restitution of the balance of the purchase price paid to the respondent for the outstanding... More
This is an application for the recovery of a motor vehicle, a Toyota Fortuner Reg. No. AEC 8695, from the respondent. The respondent is the President of the applicant albeit that Presidency is being challenged by some in the leadership of the applicant who moved a vote of no confidence against her. It is common cause that on 23 February 2018 a Provisional Order was granted in HC 1147/18 the effect of which, inter alia, was to suspend the effect of the vote of no confidence passed against the respondent. That order is extant notwithstanding the noting of an appeal... More
The plaintiff issued summons against the defendant claiming payment of the sum of $395 415.15 in respect of farming equipment sold at Harare on 10 September 2009 and delivered to the defendant at his specific instance and request. More
The Applicant, the Zimbabwe Football Association, is suing out for an order cancelling the attachment of the applicant’s Nostro Account at Ecobank; which attachment was caused by the first to sixteenth respondents, who believe that the applicant is lawfully required to pay their judgment debt in United States dollars. The applicant believes that the respondents are overreaching, in that they are expecting their award monies in amount larger than that which the applicant believes to be due to them. The applicant insists that according to the law, it is indebted to the respondents in local currency in full and final... More
