This is an urgent chamber application based on spoliation as well as breach of s 68 of the Constitution and s 3 (1) (a) of the AJA. It bears giving the background to this matter so as to put the relief being sought in context. The applicant is a transporter whose business involves ferrying various goods including petrol and diesel. Sometime at the end of November 2022, the applicant was contracted by Pioneer Petroleum & Gas Limited, in Zambia, to carry petrol from Mozambique to Zambia via Zimbabwe, which consignment was ferried in two trucks. The trucks entered Zimbabwe on... More
This is an application for rescission of a consent order made in terms of rule 449 (1) (a) of the High Court Rules, 1971 (which were then applicable) where the applicant who is the husband of the now deceased, Millicent Tutsimane Tandile Akinjide-Obonyo, seeks an order against her estate represented Clever Mandizvidza the duly appointed executor. The relief sought is the following: More
This is an application for the review of a decision of the Magistrates Court. The applicant believes that the trial court’s decision in refusing to grant a certificate for the termination of the minor child’s pregnancy was bad in law in that she states that the Magistrates determination ought not to have been premised on the issue of consent. Applicant submits that the courta quo ought to have granted the certificate for termination on the basis that there was a reasonably possibility that the foetus was conceived as a result of unlawful intercourse. More
1. This case concerns the liability of the Reserve Bank of Zimbabwe, [the RBZ], following the failure of Interfin Bank Limited [Interfin], a bank under its supervision. The subject of liability of financial supervisors charged with supervision of a failed bank poses intricate legal issues, particularly because, their exercise of public power raises both delictual and administrative liability issues. Owing to a different liability regime concerning public bodies, liability of central banks poses problems for application of ordinary principles of delictual liability. The statutory provisions in central bank legislation which make provision for their immunity complicates the whole matrix, safeguards... More
The background of the application as per the applicant’s affidavit is that on or about the 3rd November 2017 Mr Jayesh Shah, the applicant’s director was informed through internet published by Newsday that the respondent had obtained a judgment against the applicant. He then contacted applicant’s legal practitioners to investigate circumstances surrounding the granting of the default judgment. On 13 November 2017 he was informed that the default judgment was granted on 24 July 2017. The respondent had made a chamber application for attachment to found or confirm jurisdiction and for substituted service which was filed on 11 April 2017.... More
