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
By consent of the parties the three matters HC 6525/22, HC 6526/22 and HC 2527 were consolidated and were heard at the same time mainly because the applications in the three files concerned an application for an interpleader. The Applicant in the three matters is the same. The judgment creditors are the same. The judgment debtors are the same. Only the Claimants are different but the legal practitioners representing the parties in each of the matters are the same. The reliefs being sought is essentially the same. More
The first applicant, through its trustees, purchased property being No. 13 Coventry Road, Greystone Park, Borrowdale Harare, from a sheriff’s sale. Prior to the sale, the first respondent was its previous owner. Having bought the property and registered the property in the name of first applicant, the second applicant Elizabeth Tete, a Trustee, seeks to evict Lawrence Muteswa, the first respondent, on the basis of lawful title to the property. In his notice of opposition, the first respondent resists eviction primarily on the grounds that he has a pending matter in the High Court challenging the sale and that until... More
The applicant is a South African national. He is on bail together with three accused South African nationals on allegations of fraud involving US$1 million. The alleged principal perpetrator, one Ping Sung Hsieh, is in South Africa awaiting extradition to this country. His extradition hearing is scheduled for 14 June, 2011.
On 28 February, 2011 OMERJEE J granted the applicant and his co-accused bail pending trial. The bail order reads as follows:-
“1. The applicant to deposit $500 with the Clerk of Court Harare Magistrate Court.
2. The applicant resides at No. 4 Dromore Road, Highlands, until this matter is... More
