This is an application for a declaratory relief where the applicant is seeking the following relief as per the draft order:
“IT IS DECLARED THAT:
a) Sections 22 and 23 of the Commercial Premises (Rent) Regulations, 1983 are ultra vires the Commercial Premises (Lease Control) Act [Chapter 14:04] and are thereby set aside.
b) Sections 22 and 23 of the Commercial Premises (Rent) Regulations, 1983 be and are hereby declared to be unconstitutional as they violate Sections 44, 56, 64, 71, and 86 of the Constitution of Zimbabwe No. 20 of 2013 and are accordingly invalid.
c) Respondents to pay... More
On 4 May 2017 I made a determination that the application before me was not urgent and struck it off the roll. These are the reasons for that decision. More
This is an application for bail pending trial. On 11 March 2011 the applicant was indicted by the magistrate sitting at Harare for trial on 28 March 2011 at the High Court. As he was mandated to do by s 66 (2) of the Criminal Procedure and Evidence Act [Cap 9:07], the indicting magistrate committed him to prison pending trial. The same provision allows the applicant to seek bail if he so desires, hence the present application. More
The background of the matter is that Old Mutual sued the applicant, Elton Mtisi, alongside Puzey and Payne (Pvt) Ltd, who was the first defendant and Charles Nhamo Nyambuya who was the third defendant for payment of US$334 125,81 as rent arrears following the cancellation of the lease agreement between Old Mutual and the defendants. More
On 13 July 2017, I dismissed the application by the applicant for the stay of execution pending the finalisation of case number HC 5724/17 between the same parties. The reasons for my decision are as follows:
On 29 November 2011, the first respondent obtained a default judgement against the applicant and two others for the payment of a sum of USD47 130.55 and interest on a sum of USD44 522.93 at the rate of 30% per annum calculated from 31 March 2011 to the date of payment in full. More
