This is an application for the transfer of Stand number 979 Dulibadzimu, Beitbridge held under Deed of Transfer No. 895/2010 from the first respondent to the applicant and for the second respondent to be ordered to uplift the caveat it had placed on the said property. More
The second applicant, in his capacity as a director of the first applicant, entered into an agreement of sale of motor vehicles with the first respondent. In terms of this agreement, the first respondent sold to the applicants 7 motor vehicles, mainly steel body tippers, for a total amount of US $ 335 000.00.
Pursuant to the agreement, the applicants made some payments, leaving a balance of US $ 215 000.00. Sometime in July 2021, the second applicant signed an acknowledgement of debt on behalf of the first applicant for the amount of US $215 000.00. The acknowledgment of debt... More
Applicant filed this application as an Urgent Chamber Application seeking the following order:
(1) That the execution of the eviction ordered under SC 138/21 and allowed to continue under HH 83/22 be allowed pending finalization of the appeal under CV SC 63/22.
(2) That the first respondent pays applicant’s costs of suit on the higher scale of legal practitioner and client. More
[ 1] Applicant seeks the rescission of a judgment entered against it in default in terms of rule 49 of the High Court Rules 2021.According to applicant, the parties` present legal troubles are traceable to the second respondent, Edmore Makureya (“Edmore”). Edmore was applicant`s former (presumably the relationship ended) employee who committed a series of misrepresentations in order to procure goods (on credit) from first respondent. Edmore would place orders with first respondent then collect goods under the guise that he was acting for and on behalf of applicant. Edmore covered his tracks by effecting payment for the goods so... More
The plaintiff seeks an order in terms of s 318 (1) of the Companies Act [Chapter 24:03] for the defendant to be declared jointly and severally liable with Foldaway Investments (Pvt) Ltd for all the debts of Foldaway Investment (Pvt) Ltd to the plaintiff. The provision reads as follows.
Responsibility of directors and other persons for fraudulent conduct of business
(1) If at any time it appears that any business of a company was being carried on—
(a) recklessly; or
(b) with gross negligence; or
(c) with intent to defraud any person or for any fraudulent purpose;
the court may,... More
