The applicant approached this court, by way of Chamber Book seeking an order in the following terms:
“1. The defendant shall pay to Plaintiff the sum of US$3 629 586.57 together with interest thereon at the rate of 15% per annum calculated from 1st October 2014 to date of full payment.
2.Defendant shall pay Plaintiff’s costs of suit on a legal practitioner and client scale” More
The applicant is a public company incorporated in terms of the Company laws of Zimbabwe and is listed on the Zimbabwe Stock Exchange. It has shares in the 6th respondent. It filed an urgent chamber application to this court seeking orders to regulate the holding of an extraordinary general meeting of the 6th respondent’s shareholders convened by the 1st to the 5th respondents. At the hearing of the application, it applied to amend, its draft order by seeking a declaration that the convening of the extra ordinary general meeting, by the 1st to the 5th respondents is in terms of... More
Renowned writer Leslie Flynn authored a text aptly titled Great Church Fights. In it he makes the analogy of two porcupines living in freezing conditions. They huddle together to keep warm. Unfortunately every time they got close to each other their quills pricked and forced them to move apart. The two needed each other but could not stop needling. That analogy epitomizes the dispute before me. As will be shown later in the judgment, disagreements between and amongst Christians typify the condescending attitude of believers when their personalities grate one another. The papers before me show that between October 2021... More
This summary judgment application graphically illustrates that a trend is fast developing among business people in this country to borrow huge sums of money from financial institutions and when the time to pay comes, to pay as little as possible or better still, not to pay at all. A pattern is manifesting itself where business people will stop at nothing in avoiding to pay legitimate claims and in the process play havoc to investor confidence. More
This matter turns on the interpretation of a deed of settlement prepared by the applicant’s legal practitioners in consultation with the respondent’s legal practitioners who eventually signed the deed of settlement on behalf of their clients.
The applicant and the respondents were involved in amatter under case number HC4000/17. At the pre-trial conference, the parties negotiated and reached settlement in respect of the subject matter of the proceedings in that case. The settlement culminated into a deed of settlement in terms of which the respondents were to pay certain specified amounts of money on specified dates. The deed of settlement... More
