The applicant seeks a declaratur to the effect that he paid the full purchase price in terms of an agreement of sale between the parties dated 20 October 2016. The order sought is also to the effect that the payments of the deposit plus monthly instalments, from December 2017 to August 2020 by the applicant to the respondent’s bank account, were in accordance with the agreed terms of sale agreement between the parties. Ancillary relief is also sought in that the applicant seeks that the respondent be ordered to sign all necessary documents to effect transfer of ownership to him... More
This is an urgent chamber application wherein the applicant seeks the following relief;
‘TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms—
1. That the third respondent be and is hereby directed to cancel the Deed of Transfer passed in favour of the first respondent over a certain 300 square metres of land called stand 10346 Kuwadzana Township of Fountainbleu Estate situate in the district of Salisbury.
2. That the party opposing to bear the costs of this application on the higher scale of... More
The appellant approached this court challenging the decision of the nomination court sitting at Harare on 21 June 2023. The nomination court declined to register the appellant as the presidential candidate for the 2023 general election. The appellant’s assault of the nomination court’s decision is based on the three following grounds:
“(i) The 1st respondent erred in rejecting appellant’s nomination papers when sufficient evidence had been presented that a deposit of the prescribed nomination fee had been paid through a ZWL Bank transfer amounting to ZWL$138 531 528 using the rate of US$1:ZWL$6 926.58 as advised by 3rd respondent.
(ii)... More
The decision to launch an urgent application must be thought through as this is a special procedure meant for a party in distress who needs the court’s urgent intervention lest the party suffers harm (or is facing impending harm)the consequences of which are irreversible and cause great prejudice to the party. It is not for every instance or dispute. This is because a judge allocated a matter which appears under cover of urgency has to put any other assignment aside and give his or her attention to the purported urgent matter, hence this should be worthwhile for the attainment of... More
J: The plaintiff claims $286 070.71 being outstanding balance of an exit package.
The plaintiff was employed by the defendant as a Senior Staff Officer Administration. He was put on forced leave resulting in him approaching the Labour Court seeking to revoke the suspension and reinstating him. An order by consent was granted by the Labour Court on April 2008. The plaintiff submitted that the defendant has failed to comply with the consent order and approaches the court for an order compelling the defendant to fully comply with the agreement between the parties. The defendant’s position is that the exit... More
