The first and second defendants have made an application for the dismissal of the plaintiffs’ claims against them, on the basis that there has been an abuse of the process of the court on the part of the plaintiffs. In addition, due to the absence of a legal practitioner acting on behalf of the first, second and third plaintiffs on the date scheduled for the trial before me, it is contended that the named plaintiffs were in default of appearance, and that therefore, in the event that I am not persuaded to dismiss the claim on the first argument advanced,... More
The plaintiffs in this matter issued summons in November 2004 claiming, inter alia, the cancellation of the sale and transfer of an immovable property situate in Chipinge, together with rentals and other ancillary relief. The 1st defendant duly and timeously entered appearance to defend.
After the passage of various intervening proceedings, the plaintiffs filed a notice to plead on the 13th of March 2006. This notice was served on the 1st defendant’s legal practitioners on the same day. The 1st defendant filed its plea on the 22nd of March 2006, two days after the time to plead had expired. Subsequently,... More
This is an application for rescission of judgment. The applicant who appears in person is the daughter of the late Amos Bernard Muvengwa Midzi (deceased) who passed on in 2015 and whose estate is registered under DR 1467/15. The first respondent is deceased’s surviving spouse. She is a stepmother to the applicant. The second respondent was an executor of the estate of the deceased. The third respondent is cited in his official capacity responsible for administration of deceased estates. More
Plaintiff claimed that in or about October 2009 defendant, through its employees, unlawfully and wrongfully removed electrical gadgets from her farm in Nyazura.
On the employees being apprehended, defendant went on to make a total of four undertakings to restore electricity supply at the farm.
The undetakings were accompanied by assurances to plaintiff to proceed with her farming activities as the restoration of electricity would enable her to irrigate her crop.
On the basis of the undertakings the plaintiff, who had planted ten hectares of tobacco, went on to plant an additional twenty hectares of tobacco and twenty five hectares... More
MATHONSI J: The defendant, who is the excipient in this matter, is an incorporation, charged with the transmission and distribution of electricity in this country it being a subsidiary of ZESA Holdings Limited. The plaintiff is a commercial farmer performing her trade at subdivision 1 of Dagbreek farm in Nyazura, where she is engaged in the growing of tobacco and sugar beans. More
