On 14 May 2020, the respondent, as the plaintiff filed summons in case number HC 2315/20 against the applicant, as the first defendant, claiming payment of US$596 422.86 with interest and costs. It alleged that the said amount was what the applicant owed due to a breach of contract to supply diesel to the respondent. The diesel supply agreement related to the Hwange Power Station (600MW) Expansion Project. The second defendant in that action was cited as Dynamic Success Southern Africa (Pty) Ltd. The applicant defended the claim and also filed a claim in reconvention against the respondent for payment... More
The plaintiff and the defendant are husband and wife. They were married on the 7th of September 2018 in terms of the then Marriage Act [Chapter 5:11]. One child was born to the marriage, namely Simbarashe Tadzidza Tapera who was born on 9 April 2019. The parties have been on separation since the 31st of December 2019 and the defendant has custody of the minor child. On the 7th of October 2021, the plaintiff instituted divorce proceedings in which he seeks a decree of divorce on grounds of irretrievable breakdown of the marriage. He wants the defendant to retain custody... More
On 20 October 2010 my brother UCHENA J granted a provisional order in favour of the applicant couched in this vein:-
“INTERIM RELIEF GRANTED:
Pending the final determination of this matter, the applicant is granted the following interim relief:
(a) That the first respondents (sic) and all those claiming through them (sic) and acting under his instructions be and is hereby ordered not to disturb, disrupt or interfere, directly or indirectly, in any way with the applicant’s farming, agricultural and business operations and use of the rehabilitated and renovated borehole on state land adjacent to the applicant’s Plot Number 8... More
This application was placed before me through the chamber book seeking a curious order couched in the following terms:
“It is ordered that:
1. The trial de novo ordered by the Honourable Justice ZHOU on 3 October 2012 under case number HC 5594/11, Ref case CA 44-5/10, Ref case no. CRB R479/05 refers to trial de novo already commenced and mentioned in para 1 of Justice MTSHIYA’s High Court Consent Order granted on 20 January 2010 under case No. HC 265/10 ref case No. CA 44-5/10, ref case No. CRB R 479/05. More
The appellant is a licensed telecommunications company in terms of the Postal and Telecommunications Act [Chapter 12:05]. The respondent is an administrative body established in terms of the Revenue Authority Act [Chapter 23:11] and tasked with the collection of revenues due in terms of the Act, among other things. An audit carried out in 2018 by the respondent on the affairs of the appellant revealed that the appellant had paid fees to several non-resident persons without deducting the withholding tax required by s 30 of the Act as read with the Seventeenth Schedule (“the Schedule”) thereto. As a result of... More
