This judgment is in respect of two matters HC 901/18 and HC 4290/18. In HC 901/18 the applicant “Chivero” seeks the eviction of the respondent “Velocity” from a quarry site known as Hunyani 159 Idaho Farm ‘the claim’. In HC 4290/18 “Velocity” the respondent filed an application for the dismissal of HC 901/18 for want of prosecution. After hearing the application for dismissal in HC 4290/18 I dismissed it and indicated the reasons would be incorporated in the main judgment herein. More
This is an application for the determination of the special plea of prescription and for absolution from the instance at the close of the plaintiff’s case. More
On 5 November 2021 in case SC 250/19 judgement number SC138/21 the Supreme Court issued an order, on appeal overturning the decision of this court of 10 April 2019 in case HC 6567/17. Of significance is paragraph 2.1 of the order stating that:
“The plaintiff’s claim for eviction of the respondent and all those claiming title through him from house number 12 Le Roux Drive, Hillside, Harare is granted.” More
This judgment is pursuant to an application for absolution from the instance made by the defendant at the close of the plaintiff’s case. The plaintiff is a male adult who is into the business of farming and is based at Elephants Walk Farm in Karoi. The defendant is also a male adult and director in an entity called Sensan Investments (Pvt) Ltd, which operates from number 24 Seke Road, Harare. On 13 December 2021, the plaintiff caused summons to be issued out of this court seeking the following relief against the defendant: More
The plaintiff sued the defendant herein for damages for malicious prosecution. The relief sought is set out in the summons and declaration as follows:
“The plaintiff’s claim is for:
damages in the sums of:
a) ZWL $18,000,000.00 arising from the malicious prosecution and abuse of proceedings by the defendant together with interest at the prescribed rate from the date of judgment to date of payment in full.
b) USD$6,100.00 being provable legal expenses charged by the plaintiff’s legal practitioners at the time for prosecuting his appeal against conviction and sentence together with interest at the LIBOR rate applicable on the... More
