Liability in this matter is admitted. The dispute concerns the measure of damages that is due to the plaintiff. On 1 June 2010 the parties filed a stated case, which reads:
1. It is common cause between the parties that on 15 November 2006 at No. 17 418 Flanagan Road Hillside Harare, the first defendant who was driving in the course and scope of his employment drove a Mazda B2500 registration number R58PY onto the plaintiff’s property. More
The applicant seeks a provisional order in the following terms:-
“TERMS OF THE FINAL ORDER SOUGHT
That you should show cause to this Honourable Court why a final Order should not be made on the following terms:-
1. That it is hereby declared that the first and second respondents, and all those acting through them, restore all the gym equipment unlawfully removed from the gym at Shop 15, Borrowdale Brook Shopping Centre.
2. Further, it is hereby declared that the first and second respondents and all those acting through them, be and are hereby permanently interdicted from disturbing and or... More
This judgment is a product of two matters that were consolidated and heard as one. The issues at stake and the interests of the parties involved herein converge. At the centre of the dispute in both cases is an Extra Ordinary General Meeting (EGM or the meeting) that dealt with the business of the fourth respondent in HC 1351/21 (Case 1), and the sixth respondent in HC 1270/21 (Case 2) on 8 February 2021. The applicants in both cases contend that the meeting did not comply with certain provisions of the Companies and Other Business Entities Act (the COBE or... More
MUSITHU J: This is a composite judgment which deals with two matters which were consolidated and argued at the same time at the request of the parties’ counsel. In HC 2524/22, which is Case 1 herein, the applicant applies for condonation for non-compliance with the rules of court and an extension of time within which to file a court application for rescission of a default judgment. The applicant is also seeking the rescission of the default judgment which was granted by this court in HC 2971/17. In HC 6784/19, which is Case 2 herein, the applicant is seeking the confirmation... More
The applicant is a banking institution, duly registered in terms of the laws of Zimbabwe and the respondent is a company duly registered as such in terms of the laws of Zimbabwe. Sometime in June 2022 the applicant issued a court application for a rei vindicatio against the respondent under case number HC 4274/22 and the application was opposed by the respondent. The applicant avers that the respondent failed to file its heads of argument timeously and was thus barred. Sometime in September 2022 the court per CHITAPI J granted a default judgement in favour of the applicant. Aggrieved by... More
