[ 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
This is an application to compel the respondent to comply with the decision of an adjudicator in terms of Clause W1.4 of the engineering and construction contract between the parties. More
The applicant, an incorporation registered in the United Arab Emirates, has made an approach to this court, on court application, seeking a provisional liquidation order against the respondent, another incorporation cherishing its domicile in Zimbabwe, on the basis that it is unable to pay its debts and that it is just and equitable that the respondent be wound up. The application is made in terms of s 207 of the Companies Act [Cap 24:03] (the Act). More
The order sought in this matter is that First Defendant’s Special Plea be and is hereby upheld and that the Plaintiff’s claim is dismissed with costs on a legal practitioner and client scale.
In the main action, Plaintiff claimed the eviction of First Defendant and all those claiming occupation through him from stand number 905 of Newark of Hilton of Subdivision A, Waterfalls, Harare. He also claimed damages in the sum of USD 2500.00 for future demolition and removal of structures constructed by First Defendant on the property. More
