The plaintiff issued summons against the three defendants seeking the following relief;
“(a) An order declaring the Sale Agreement between the 1st defendant and the 2nd defendant
in respect of the property described in the plaintiff’s declaration to be null and void.
(b) An order declaring the sale agreement between the plaintiff and the 1st defendant
in respect of the property described in the plaintiff’s declaration to be valid and
binding.
(c) An order compelling the 1st defendant to within seven (7) days of being served with this order and against payment by the plaintiff of the balance of the... More
1. This chamber application was placed before me on a certificate of urgency on 24 May 2021. I formulated the view that the application was not urgent and removed it from the roll. The applicant requested audience with the court resulting in the matter being set down for the purposes of hearing argument on the question of urgency.
2. At the hearing of the matter, the respondent challenged the authority of the court to deal with the application on the basis that the court has already made a decision on urgency and is functus officio on the question of urgency.... More
This matter came by way of referral from the taxing officerin terms of Rule 75(25) of the High Court Rules 2021 (the rules),on 23 November 2021. It was pursuant to a disagreement between the parties over the inclusion of certain items in the plaintiff’s bill of costs that was placed before the taxing officer for taxation. The parties are embroiled in an ownership dispute concerning a church in the suburb of Hatcliffe, Harare. The matter was ripe for trial that was set to commence before me on 12 July 2021. More
Plaintiff is in the business of exporting fresh (and therefore perishable) meat products from Zimbabwe to various foreign destinations. An efficient and reliable transport service provider withspecialised refrigerated containers is an indispensable enabler to plaintiff`s business. According to plaintiff in its declaration, defendant touted itself as imbued with the requisite attributes, equipment and expertise meeting plaintiff`s specialised transport needs. In particular, defendant held itself as possessing special refrigerated containers called “reefers”. Plaintiffalso described defendant as a provider of shipping services to and from Zimbabwe through the Durban, Maputo, Walvis Bay and Beira corridors. More
The applicant seeks the following contested order:
1. That the Note of Hand registered by the respondent on stand 237 Redcliff Township of Redcliff Estate, measuring 3 185 square meters and held under Deed of Transfer number 2190/2000 is hereby declared null and void and of no force or effect. More
