The brief facts of this case have been properly summarized by the respondent in its heads of argument filed on 3 March 2005 and are as follows: -
The appellant and the respondent entered into a written agreement in respect of property referred to as Number 4 Wellington Avenue, Belvedere, Harare (the property). The duration of the lease was for 12 months.
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The appellant was arraigned before the court sitting at Harare Magistrate’s Court for contravening s 52 (2) (a) of the Road Traffic Act [Chapter 13:11]-negligent driving. After a trial the appellant was convicted and sentenced to pay a fine of US$300-00, in default of payment to serve one month imprisonment.
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This is a composite court application for condonation for the late filing of an application for rescission of default judgment and the rescission of default judgment in terms of rule 29(1) of the High Court Rules, 2021. The default judgment was handed down by this court on 18 July 2022. In that judgment, the court ordered the applicant (who was the second respondent therein) to deliver to the first respondent (the applicant therein) the outstanding 1, 020, 26 cubic metres of granite blocks, alternatively, pay the sum of US$446 322.31 being the total value of the 1, 020, 26 cubic...
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