On 28 August 2020, the plaintiffs issued summons against the first defendant. The action arose out of an alleged breach of an agreement of sale of immovable property and mortgage facilities concluded between each of the plaintiffs and the first defendant. More
On 8 September, 2010 I erroneously granted an order, following a chamber application, registering an arbitral award in favour of the applicant against the Ministry of Finance as if the correct respondent was Smallholder Micro-Irrigation Development Support Programme (“the Programme”). The Programme is donor-funded by the European Development Fund.
Subsequent to the registration of the arbitral award, it was brought to my attention via my sister judge – Gowora J – who had dealt with an urgent chamber application by the Programme to stay the sale in execution of the Programme’s motor vehicles which had been attached pursuant to the... More
The delay in the preparation of this judgment is sincerely regretted. As can be seen from the dates of hearings the trial took long to complete. This was largely because as from 26 January 2011 the court had to adjourn on the promise that the plaintiff’s wife, one Anna Dube (Mrs Dube) would arrive from the United Kingdom to testify. After a long wait, she never came and the trial had to proceed without her.
The background to this case is as follows:-
On 2 February 2009 the plaintiff issued summons out of this court seeking the following relief:-
“1.... More
This is a court action in which the plaintiff is claiming the sum of US$1. 824 478.80, for professional services rendered by it to the defendant. The professional services concerned were allegedly rendered to the defendant over a period of ten years, from 2002 to 2012. Defendant filed a plea in which aside from denying that it is liable in contract, it raised in point in limine, challenging the plaintiff’s locus standi in judicio to file suit, alleging that because plaintiff cited itself as an association, when it is neither an association nor a partnership, defendant is therefore disqualified form... More