Defendant took a special plea and exception to intercept plaintiff`s suit for a declaratur, pleaded alternatively with contractual damages claim. The backdrop to the dispute is as follows; -plaintiff is an information technology consultant based in the Republic of South Africa. He appointed defendant, a firm of estate agents, to sell his immovable property situate in Harare and remit the sale proceeds cross-border to his base in South Africa.
[2] The property was indeed sold at a price of USD$190,000; but the funds were not transferred as per plaintiff`s instructions. Unresolved disagreements over this issue saw plaintiff issuing summons in... More
The plaintiff in this matter is a self-employed male adult. He is married with two children. One of his children, now 19, was born with a disability which presents muscle and mobility challenges. The disability requires expensive drugs and regular physiotherapy which in turn, require adequate funding. Sometime in 2018, the plaintiff and his wife realised that they would not be able to sustain the expenses incidental to their child’s special needs. As any responsible parents faced with such a situation would do, th More
This is an appeal against the judgment of the Magistrates’ Court sitting at Chinhoyi, handed down on 3 May 2021. The judgment granted the respondent(then applicant) an interdict prohibiting the applicant (then respondent) from allocating or selling stand number 996 Kuwadzana Township, Banket, to any person as it was registered in the name of the late Enock Dandajena. More
This application was brought to me on an urgent basis. The applicant seeks the following relief:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That all title deeds processed by 1st respondent through the invalid certificate of compliance be declared invalid.
2. That the 2nd respondent be and are (sic) hereby directed to cancel all title deeds processed in terms of the invalid certificate of compliance.
3. 1st and 2nd respondent shall pay costs of suit on legal practitioner clients scale. More
The appellant was on his own plea of guilty, convicted by the magistrate sitting at Chinhoyi, of stock theft as defined in s 114(2) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The court made a finding that there were special circumstances in the matter and sentenced the appellant to 4 years imprisonment of which 1 year imprisonment was conditionally suspended. More
