This matter in my view highlights some of the glaring conflicts between customary law and the general law. This matter presented itself before me in chambers on a certificate of urgency in terms of r 244 of the High Court Rules 1971 as amended. More
This is an urgent application for a mandamus van spolie. The facts relied upon by the applicant are as follows:
The applicant and the 1st respondent are acquaintances. Sometime in November 2011, the 1st respondent approached the applicant seeking help to find a buyer for her cement. The applicant facilitated an arrangement between the 1st respondent and an unidentified third party. The 1st respondent and the third party concluded their transaction. The 1st responded requested to use the applicant’s bank account for the deposit of the purchase price as she did not have a bank account of her own. The... More
The applicant approached this court seeking the following provisional order:
“TERMS OF FINAL ORDER SOUGHT
1. That order restoring the applicant’s undisturbed and peaceful occupation of stand number 193, Fleetwood, Bindura be and is hereby confirmed.
The 1st respondent to pay costs of suit. More
This judgment is in respect of two related applications involving, to a large extent, the same parties. In Case No. HC206/20 the applicant seeks an order for the setting aside of the decision of the first respondent approving the second respondent’s bill of costs on the grounds that it is unreasonable, unfair and unlawful. The application is being made in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28]. In Case No. HC 592/20 the applicant, who is the second respondent in HC 206/20, seeks an order that the first to seventh respondents pay the sum of $339... More
Applicant issued summons against the defendant on 15 June 2016 claiming payment of $35 576.17 arising out of money lent and advanced to and duly acknowledged by the defendant, interest thereon and bank charges that may accrue at the bank’s prevailing rate from June 2016 and costs. More
