Zimbabwe being a constitutional democracy, the courts play a prominent role in safeguarding the fundamental rights bestowed on the people by the Constitution. Persons who seek to enforce their constitutional rights or who allege infringement of such rights must be clear as to the right concerned, how that right is being infringed and the relief they seek. It is not proper to rush to court with bald unsubstantiated allegations of an infringement which allegations are not supported by facts and do not show how the protected right has been affected. Equally, matters which deal with freedoms and fundamental rights are... More
This is an application for rescission of judgment in terms of Order 49, Rule 449 of the High Court Rules, 1971. The basis of the application is that the Court which granted Summary Judgment in case number HC 11563/18 did so in error and in the absence of the applicant. More
On the 7th of February 2017 after considering written and oral submissions by counsels I issued out an order effectively granting an application for directions for an opposed application for contempt of court to be set down expeditiously. The reasons for my disposition are captioned herein. More
It is not in dispute that the parties, at the request of the Plaintiff who felt uncomfortable with the interest related to the mortgage bond which was supposed to be secured through Beverley Building Society mutually agreed to vary the original agreement of sale on 4 September 2006 after they had agreed on new terms of payment. More
In this country, unless otherwise provided, the noting of an appeal automatically suspends the execution of the judgment or decision appealed against: Wood NO v Edwards &Anor 1966 RLR 336 (G) (per LEWIS J). It is the same in South Africa: Oliphant’s Tin ‘B’ Syndicate v de Jager1912 AD 474 @ p 487;Verkouterenv Savage 1919 AD 183 @ p 184; Malan v Tollekin 1931 CPD 214;Reid v Godart 1938 AD 511; Levin v Felt and Tweeds Limited 1951 (1) 213 @ p 217 and Geffen v Strand Motors (Private) Limited 1962 (3) SA 62. More
