The application before me is an application for review of the Sheriff’s determination. I shall summarise the facts leading up to the review below. The second respondent obtained default judgment against the applicant. The second respondent then obtained a writ of execution to sell the applicant’s undivided half share in a property jointly owned by the applicant and her husband. This writ was served on the applicant on the 9th of July 2013. In December of 2013 the applicant filed an application for rescission of default judgment under HC 10468/13. More
This is an urgent chamber application in which the applicants originally sought an Interim Order couched in the following terms:
“Pending determination of this matter, the applicants is granted the following relief:
1. That the respondent or anyone claiming rights through him be interdicted from leasing Harare Trauma Centre situate at No. 15 Lanark Road Belgravia, Harare otherwise known as Harare Trauma situate at No. 15 Lanark Road, Belgravia. More
This is an application for rescission of a default judgment and the background of the matter is as follows. On the 22nd of February 2022, the respondent instituted summons against the applicant, claiming damages for defamation of character. The summons was served on the applicant on the 23rd of February 2022. The applicant entered appearance to defend on the 25th of February 2022. The respondent filed a notice of intention to bar the applicant on the 1st of April 2022. In response the applicant proceeded to file a Special Plea and an Exception on the 5th of April 2022 instead... More
The brief background to this matter is that the first respondent, under case number HCH 1120/22 had secured judgment in his favour in default of the applicant in the amount of US$100 000.00 being damages for personal injuria, injury to his dignity, and damage to his reputation. Interest at the prescribed rate from date of issue of the summons was also payable as well as costs on a legal practitioner and client scale. The applicant had allegedly entered an appearance to defend the damages claim and thereafter filed a special plea and exception which was heard by the Court and... More
This is an application for an order for stay of execution of a High Court order under HC 5652/11 pending determination of proceedings under HC263/17. More
