On 30 November 2011, and after hearing viva voce evidence from the plaintiff and considering the fairly detailed submissions made by the plaintiff’s counsel I granted the following order: More
This matter comes before the Court on an exception raised by the defendant against specific claims pleaded in the plaintiff’s declaration. The defendant contends that certain claims - specifically claims 2, 3, 4, and 5 - fail to disclose a proper cause of action because they do not sufficiently allege the requisite elements of negligence or a special duty of care necessary for a delictual claim. The plaintiff, by contrast, asserts that the defendant’s unauthorized engagement with third-party suppliers, conducted without proper due diligence and in breach of the plaintiff’s internal procedures, caused quantifiable financial loss. This judgment addresses both... More
The Applicant in this matter seeks an interim order restraining the respondents from disposing of or transferring certain immovable property, known as Katamon Court, in Harare. The applicant also seeks a final order effectively transferring the said property into its name and ownership through the execution of a share subscription agreement.
In support of its claim, the applicant avers that the parties concluded a binding oral agreement in February 2005 for the sale of the property at the purchase price of $6 billion. The 1st and 2nd respondents deny any such binding agreement and dispute the applicant’s right to acquire... More
This is an appeal against the magistrate’s ruling sitting at Kadoma dismissing the appellant’s application for rescission of judgment on 15 December 2008.
The respondent Farai Ngorima is the registered owner of a certain piece of immovable property known as house number 3795 Ingezi Township Kadoma. He purchased the house from the late Monica Ruvimbo Dzinamarira on 7 March 2007 for $27 000 000-00. The property was registered in his name on 17 April 2007 under deed of transfer 000198/007 with the seller acknowledging that the whole of the purchase price had been paid. More
The applicant who was appointed executrix Dative to the Estate of the Late Ennety Charumbira DR 597/20 sometime in 2020 approached this court with a simple application for condonation for late filing of an application for rescission of default judgment granted against her late mother the Late Ennety Charumbira sometime on 25 July 2018. More
