The plaintiff company (“lessor”) filed summons out of this court on 14 June 2006 seeking the eviction of the defendants (“lessee”), who are husband and wife, from subdivision D of Derbyshire Farm (“the farm”), holding over damages from the date of summons to the date of eviction and costs of suit. The defendants filed their plea and counterclaim on 12 December 2006. In the plea they sought the dismissal of the plaintiff’s claim with costs. In the counterclaim they sought an order of specific performance on payment of $400 000.00 (revalued) plus interest thereon at the prescribed rate from 29... More
The appellant was convicted of fraud in contravention of s 136(a) & (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], in that on 21st August 2020, with intent to deceive one Enock Atukwa, or realising that there was a real risk or possibility of deceiving Enock Atukwa and intending to cause Enock Atukwa to act upon the misrepresentation to the prejudice of Dorcas Kandiero or realising that there was a real risk or possibility that Anock Atukwa may act upon the misrepresentation to the prejudice of Dorcas Kandiero by misrepresenting that he was the son of Dorcas... More
This is an appeal against the granting of an application for summary judgment against the appellant by the court below. Having issued summons against the now appellant as the defendant, and an appearance to defend having been entered, the respondent herein applied for summary judgment claiming arrear rentals in the sum of US$8800.00 or its equivalent in Zimbabwean dollars at the prevailing bank rate for the lease of No 18 Harrow Road Masasa, Harare. Also sought was the cancellation of the lease agreement and an eviction of the appellant and all those claiming occupation through them from No 18 Harrow... More
This is an urgent chamber application in which the interim relief sought is that execution, and or attachment, and or removal of property in case number HC 2593/13 be stayed pending determination of an application for a declaratur that the execution is irregular and unlawful, and, that, the ejectment of the applicant and all those claiming occupation through it be stayed pending determination of the same application for a declaratur. The final relief sought is a declaratur, that the execution in terms of case number HC 2593/13 be declared irregular, a declaratur that the debt has been paid in full... More
After hearing argument on September14 2018 I dismissed this application with costs.
I stated that the reasons would be furnished in writing.
On the same day, around 16:35 hrs, the Registrar placed a letter before me.
It was authored by the applicant’s legal practitioners. They were requesting the reasons for my decision for purposes of appeal.
These are those reasons.
This is a court application for review of the disciplinary proceedings wherein first respondent convicted applicant of contravening para 35 (1) of the schedule to the Police Act [Chapter 11:10] (“the Act”) as read with section 29 and 34 of... More
