CHIRAWU MUGOMBA J: This matter epitomises the challenges bedevilling housing cooperatives in the acquisition of land and allocation of stands. The administrator of state land, being the 2nd defendant opted not to participate in the matter thus leaving the court to chart the maze and arrive at a decision. Pertinent to note is that the 2nd defendant was not a party initially but was joined through HCH 2235/21 on the 7th of July 2021. The two protagonists, that is the plaintiff and the first defendant are backed by two cooperatives respectively namely, Nyikavanhu Housing Cooperative, hereinafter, ‘ Nyikavanhu’, and Tongoville... More
The plaintiff issued summons against the defendants for an order directing that the first and second defendants sign all the transfer papers to facilitate transfer of Stand No. 4306 Fountainbleau Estate into plaintiff’s name upon granting of this order. More
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
