This is an appeal against the decision of the Magistrate Court sitting at Harare in which the court dismissed the appellant’s claim and upheld the counter-claim by the respondent.
The facts of the case are that on 11 June 2014 the appellant and the respondent entered into an agreement of sale of land. This was during the multi-currency era. The property was sold in United States dollars. The agreed purchase price was US$60 000.00. The agreed terms of payment were that the respondent was to pay the appellant a deposit of US$18 000.00 followed by monthly instalments of US$691.00 for... More
This is a court application for a declaratur in terms of section 68 (1) and (3) of the Companies and Other Business Entities Act [Chapter 24:31] (the Act) as read with section 14 of the High Court Act [Chapter 7:06] in which the applicant seeks an order against the 1st respondent in the following terms;
“1. The 1st Respondent be and is hereby declared personally liable without limitation for
payment of the debt owed by the 2nd Respondent to the Applicant.
2. That the 1st Respondent pays the Applicant the sum of US$106 207-51 [One Hundred and Six Thousand Two... More
The bare bones of the matter are these: The respondent issued summons against the applicant on 30 November, 2010 in case number HC 8728/10, claiming $6 369-35. The applicant entered appearance to defend via its erstwhile legal practitioners Messrs Bruce Mujeyi Manokore Attorneys. The applicant through its then legal practitioners was served with a notice to plead on 26 January, 2011. The applicant did not enter a plea and the respondent applied for default judgment on 2 March, 2011. The order was duly granted on 31 March, 2011 and issued on 28 April, 2011. More
This is an application for rescission of a default judgment issued on 28 April 2011. The back ground is that respondent issued summons on 30 November 2010 in Case No. HC 8728/10 against applicant claiming the sum of $6 369.35 together with interest at the prescribed rate from July 2010 to date of payment in full. More
On 12 January 2023, I delivered an order in favour of the applicant validating the title deed issued under Deed of Transfer No. 4106/2010. The first and fifth respondents requested for the reasons of the order. Thus, this judgment is an exploration of the reasons for the 12 January order. More
