It is pertinent to highlight the factual background to HC3727/18 in order to place the present application into perspective. The first to fourth respondents herein instituted motion proceedings in terms of Order 49 Rule 449(1)(a) of the High Court rules (the rules) under HC3727/18. The application sought the setting aside of a court order granted by TAKUVA J on 7 October 2013 under HC7402/13 on the basis that it was erroneously made. In HC 3727/18, the first to fourth respondents herein were the applicants, while the applicant herein was the first respondent. The fifth to ninth respondents herein were the... More
This is a matter in which plaintiff instituted action against the first, second, third, fourth and fifth defendants claiming against all the defendants jointly and severally the one paying the others to be absolved payment of (a) the sum of $79 371.94 (b) interest on the sum of $79 371.94 at the rate of 35% per annum calculated from the 3rd September 2013 to the date of payment in full (c) collection commission in terms of the Law Society of Zimbabwe By Laws 1982 and (d) costs of suit on the attorney and client scale. More
This is an application for vindication. The applicant gives the background to the application in the following terms:-
“4. Respondent was employed by the applicant as a Brach Manager. As part of his
employment benefits,respondent was allocated a motor vehicle for his duties namely a motor vehicle Isuzu Registration Number ABC 4719. The enjoyment of usage of this vehicle attached to the office holder of Branch Manager for the applicant.
5. Respondent’s contract of employment was terminated on 29 September 2009 following disciplinary proceedings. An appeal was lodged. The respondent has an appeal pending in the Labour Court where he... More
Applicant seeks an order for the re-registration of mortgage bonds as well as a caveat on a piece of land described as Stand Number 80 Borrowdale Brooke Township of Subdivision H of Borrowdale Brook Estate. This immovable property, (“Stand 80 Borrowdale Brooke”) being 5,0445 hectares in extent is held by Honeypot Investments (“Honeypot”) the second respondent hereto. More
After a selective tender process, applicant (“FBC”) awarded a US$24,867,340,0228 contract for the construction of its head office in Borrowdale, Harare, to first respondent (“Zimbabwe Nantong”). A principal term of the contract was that payment of the United States Dollar (USD) contract price would be made in the local currency- “ZWL”. The contract documentation carried two sets of exchange rate formulas applicable to the USD-ZWL conversion concerned. These formulas were expressed as follows;-(i) “The Bills of Quantities will be priced in USD and payments will be made in ZWL equivalent” and (ii) “The payment to the contractor will be made... More
