This is a contested application for a declaratory order brought in terms of s 14 of the High Court Act[Chapter 7:06] wherein applicant seeks the following relief:
WHEREUOPN, after reading documents filed or record and hearing counsel More
Plaintiff’s claim against the defendant is in two parts;
Firstly plaintiff claims for payment of $7 789.15 being the value of 14.162 tonnes of wheat sold and delivered to defendant, and $15 500.00 being the value of 30 tonnes of compound fertilisers purchased by plaintiff from defendant which defendant failed to deliver. Secondly the plaintiff sought damages in the sum of $2 790 000.00 for loss of production due to breach of contract by the defendant. More
This is an application for rescission of the judgment granted by this court on 13 May 2009 in case number HC 6215/08. The matter was argued before me on 3 September 2009. In their submissions the respondents raised a point in limine that the applicants were in contempt of the judgment that they seek to rescind. The applicants opposed the issue of contempt. On 21 October 2009 I made a finding that the applicants were in contempt of the order and that their application for its rescission will not be determined on the merits until they purge their contempt. The... More
This is an appeal against the judgment of the Magistrates Court in terms of which that court dismissed the appellant’s claim for an order confirming cancellation of the lease agreement between appellant and the respondents and for the ejectment of the respondent and all persons claiming occupation through them from the property described in the papers as Kalahari Breeze Stores, Bob’s Shopping Centre, Zhombe Road, Kwekwe. The appeal is opposed by the second respondent. More
This is an application made in terms of Order 32 r 236(4) of the Rules of the High Court 1971, for dismissal of the application for rescission of judgment in case number HC 3489/12 with costs. The background to this matter is as follows: More
