This was an application for leave to execute pending appeal. The background was this. In April 2011 the applicant sued a company called Wedzera Petroleum [Private] Limited, as the principal debtor, jointly with the respondent, as guarantor, for payment of an amount in the sum of $847 847-65, plus interest and costs. The claim arose out of petroleum products sold and delivered by the applicant to the principal debtor in 2010. More
I have previously stated in Mutongwizo v The Master of the High Court N.O HH 573-18 the need for legal practitioners to comply with the rules of this court especially when the rights of minor children are at stake. This court is the upper guardian of minors by design so that there is assurance that whatever is done on behalf of minor children conforms to the best interests of the child standard. This is a standard that is recognised in the Convention on the Rights of the Child (CRC) that Zimbabwe signed and ratified on 11 September 1990. The standard... More
This is a rather unusual matter in which one of the issues to be resolved by this court relates to a maternity dispute. I must confess that I had for long labored under the mistaken belief that only paternity can reasonably be expected to be in dispute. More
On 25 March 2011 the plaintiff issued summons against the defendants in which he claimed:
“(a) Payment of the sum of USD14 850.00 due to the plaintiff, arising from damages which are a result of a collision between plaintiff and 1st defendant. Which collision was occasioned by 1st defendant’s negligent driving, whilst in the course of his work and scope of his authority with the 2nddefendant. The sum represents the damages plaintiff suffered.
(b) Interest thereon at the rate of 5% per annum from the date of issue of summons up to the date of full payment.
(c )Costs of... More
This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township Bindura was ordered together with costs of suit. More
