This is an application for rescission of default judgment granted on 10 May 2012 in Case No HC 3958/12.
The background to the matter is that the applicant borrowed US$40 000 from the respondent at an interest of 20% per annum in February 2011 and payable by 28 February 2012. The applicant failed to liquidate the debt when it became due resulting in the respondent issuing summons on 21 April 2012 for the US$80 000. More
This application is an application for rescission of judgment entered against applicants on 18 January 2011. From a reading of the facts of this matter applicants became aware of the judgment in May and June of 2011. Rule 63(1) of the High Court Rules provides; More
The application was placed before the court was one of stay of execution. The basis for seeking stay of execution is stated as being that the applicants have discharged the debt outstanding. A sum of United States dollars, fifty thousand was paid in cash and the remainder of USD$40 000 plus interest was settled through Zimbabwean currency equivalent to this amount. On the other hand, the first respondent contends that payment of the outstanding balance should be in United States Dollars. Therefore, payment of the outstanding amount in any other currency than United States dollars is a non-event. More
On 22 June 2012 the appellant drove a Mazda Rustler registration number ABC 6845 while he was not a holder of a driver’s licence. He had 5 passengers on board. He was driving along Harare- Masvingo road. At the 139km peg he turned right in front of oncoming traffic resulting in a collision with a Nissan Hardbody which then overturned. Eleven passengers from both vehicles were injured and were rushed to Chivhu GeneralHospital. One passenger who had been seriously injured later died on the same day in hospital. The other passengers were treated and discharged. More
This is an action for damages for malicious prosecution. The plaintiff claims the sum of USD$20 000.00 for emotional stress; USD$30 000.00 damages for his reputation; and USD$10 00.00 for legal costs incurred during the prosecution. The defendant did not file a notice to defend, resulting in the matter being set down on the unopposed roll. After hearing plaintiff’s counsel, I dismissed the claim in an ex-tempore judgment. The plaintiff has requested written reasons for the decision to dismiss his claim. These are they.
[2] The defendant is seventy-one-years old. She has children with the late Slyvester Benyure, and the... More
