This is an application in which the applicant seeks summary judgment in the sum of US$43 086-65 plus interest at the prescribed rate from due date to date of payment. It also seeks an order that stand 1346 Que Que Township of stand number 277A Que Que Township which was mortgaged be declared executable and that the respondent should bear the costs of suit on a legal practitioner and client scale. More
At the commencement of the trial, the plaintiff sought an amendment to its claim by the deletion of the amounts of fourteen billion eight hundred million and six hundred and sixty six billion dollars and their substitution with the amounts of US$ twenty two thousand five hundred and sixty dollars and one million fifteen thousand four hundred and seventy dollars respectively, the first amount being the replacement cost of one vehicle and the second amount being the global sum for forty five brand new trucks. I granted the application to amend in the face of opposition from Mr Kamudefwere and... More
The plaintiff’s (bank’s) claim against the defendants is for the payment of US$23 104.76, interest thereon at the prescribed rate and costs of suit on a legal practitioner and client scale in terms of the loan agreement. More
The cause of action in this case arises out of an alleged breach of contract by the defendant for the supply of 20 IBM A50 desktop computers (computers) to the plaintiff. The plaintiff is suing the defendant for specific performance or payment of damages in lieu thereof. More
I heard this application on 7 March 2022. I delivered an ex tempore judgment in which I dismissed it with costs. On 4 April, 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
The applicant, one Agson Mafuta Chioza (“Chioza”) sued the Minister of Lands, Agriculture, Water & Rural Resettlement (“the Minister”) and one Josiah Chikowore (“Chikowore”) who are respectively the first and second respondents in this application. He moved me to, among other relief, direct that:
i) the agreement of a farm for a farm exchange between the Minister and him is binding;... More
