Two ladies wanted to build a house. They only had the ground but no title to it. Keenly aware of price fluctuations, they bought building material from the defendant whilst waiting for title to the land to be processed. The defendant persuaded them to pay for the roof and roof trusses before-hand. They paid. When time to deliver arrived, the defendant demanded more money for the same material. The ladies refused and insist that since they have performed their side of the bargain, the defendant must deliver. They sued for specific performance.
The Evidence More
This is an opposed court application seeking a declaratory order and other ancillary relief in the following terms:
“IT IS ORDERED THAT:
1. The agreements of sale entered into by and between first respondent, second and third respondents on 8 September 2020 in respect of Plot No. 49, Halfway Farm, Kadoma and Plot No. 50, Halfway Farm, Kadoma be and are hereby declared null and void.
2. The second and third respondents and all those claiming occupation through them be and are hereby ordered to vacate Plot No. 49, Halfway Farm, Kadoma and Ploy No. 50, Halfway Farm, Kadoma within... More
The plaintiff herein issued summons against the excipient, the defendant, on 15 April 2010. After filing an appearance to defend, the excipient sought further particulars to the plaintiff’s claim on 4 May 2010. These were filed on 7 May 2010. Attached to the further particulars was a note from the excipient dated 19 October 2009. On 4 June the defendant then filed this exception. The exception is as follows: The defendant has excepted to the plaintiff’s summons in that it is bad in law and does not disclose a cause of action and further that it is vague and embarrassing... More
Applicant was convicted of the offence of unlawful possession of a firearm as defined in s 4 of the Firearms Act, [Chapter 10:09]. He was convicted by the Magistrate at Harare on 12 June 2018. The applicant was sentenced to 4 years imprisonment with 1 year suspended on conditions of good behavior. This left him to serve an effective 3 year sentence. The applicant was aggrieved by the judgment and sentence and noted an appeal to this court. The appeal is pending determination under case No. CA 345/18. More
On the 20th December 2018 I struck off the matter from the roll after hearing submissions from the parties’ counsels in the family motion court and giving an ex tempore judgment. The counsel for the plaintiff requested me to provide a full written judgment containing my reasons. The following are the reasons. More
