The plaintiff is a duly incorporated company which has an agreement with the Ministry of Agriculture and the Tobacco Industry Marketing Board (“TIMB”) in terms of which it is permitted to enter into contracts with tobacco farmers to fund the growing of flue-cured tobacco which would then be purchased directly by the plaintiff. The defendant is a commercial tobacco farmer carrying out her trade at Two Journey’s End Farm in Wedza District. More
The applicant seeks an order setting aside an arbitral award handed down by the second respondent on 16 August 2010. The applicant avers that the award is in conflict with the public policy of Zimbabwe in the following material respects:
a) “The Arbitrator made a determination on the issues not placed before him for adjudication.”
b) “A breach of the rules of natural justice occurred in connection with the making of the award.”
c) “The award conflicts with the substantive law of Zimbabwe in material respects.” More
The above matter came before me on the unopposed roll. I raised certain issues with the plaintiff’s legal practitioners and requested for a supplementary affidavit and heads of argument to be filed in the matter. This has since been done.
The plaintiff is a trust, whose trustees at the time of the institution of the above action were given in the declaration. The nature of the trust and whether it is a non- profit making trust were not disclosed in the papers before me. I also overlooked directing the plaintiff to deal with this issue in its supplementary papers. More
This is an urgent chamber application for stay of execution of an order sounding in money against the Applicant. The applicant is seeking the following order-
“TERMS OF THE FINAL ORDER SOUGHT
1. Application for stay of execution be and is hereby granted.
2. Seizure and attachment in execution by the 9th Respondent as a result of writs stamped by the Sheriff on the 16th June 2022 be and is hereby stayed until the Application for rescission of Default Judgment has been finalized.
3. Each party to bear its own costs. More
1. The applicant seeks an order declaring that a court order granted against the respondent was compromised by subsequent settlement agreements entered into by the parties, notably, a deed of settlement and seeks relief based on the settlement. More
