The plaintiffs’ story can be gleaned from their declaration. It is this:
In August 2009 the plaintiffs entered into a partnership agreement in terms of which the first plaintiff would import day old chicks from LA CHIX (PVT) LTD, a South African Company, to be sold locally by the second plaintiff. On 27 October, 2009 the first plaintiff made a telegraphic transfer of ZAR 128 350-00 from its account number 0622018874001 held with the defendant in favour of LA CHIX’s Standard Bank South Africa account number 200240684 for the purchase of day old chicks. On 28 October, 2009 ZAR 15...
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The crux of the applicants’ case is that they are aggrieved by construction work commenced by the first respondent in their residential area. They aver that the first respondent has begun ground work for the construction of a fuel station and a fast food outlet at Stand Number 5273 Churchill Avenue, Harare (hereinafter called “the property”). Additionally, the applicants contend that a commercial outlet in this residential area would result in the disruption of the peaceful life they enjoy in their neighborhood. In particular, the complaint is that the operation of a fuel station in the area would expose residents...
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