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From the papers filed coupled with the detailed submissions made by both counsel it is apparent that the applicant and the first respondent are literally fighting over the ownership of stand number 7953 Tynwald of Stand 7739 Tynwald Township, Harare. The conflict between the two parties has manifested itself mainly over the control of the educational activities which are taking place within this stand. Both parties are laying claim to these educational activities. The applicant has sought to be granted interim relief interdicting the first, second, third and fourth respondents from interfering with the running of the educational institution pending... More

MUZOFA J. The plaintiff issued out summons against the defendant claiming the following relief: 1. US$25 000 being salaries the defendant unlawfully awarded herself 2. $3 956.85 unlawfully encashed leave days 3. $11 688 excess school fees claimed by the defendant 4. $5 000 school fees claimed for a child no longer in school. 5. Return of a motor vehicle a Nissan Captiva registration number ACC 3926 that defendant illegally sold to herself 6. Return of a laptop illegally taken from plaintiff by the applicant. The plaintiff also claimed interest on the amounts at the prescribed rate from the date... More

The applicant carries on business as a transport operator. During the months of November 2008, December 2008 and January 2009 the applicant availed to its employees fuel coupons and food hampers as part payment of remuneration due to them. Following an audit of the applicant’s business by the respondent in June 2009, the respondent wrote to the applicant’s accountants contending that the fuel coupons and food vouchers should be treated as remuneration in foreign currency and that PAYE in respect thereof should have been paid by the applicant in foreign currency. The applicant contended that the issuance of fuel coupons... More

The applicant filed a chamber application which she called “chamber application for conversion of court application to an action claim”. In the chamber application she averred as follows: “Application is hereby made for an order in terms of the order/draft order annexed to this application on the grounds that: 1. Applicant issued a Court Application for a Declaratory Order in case No. HC 303/16 for her rights over stand No. 9162 Whitecliff. 2. 2nd Respondent has filed his notice of Opposition whilst 1st Respondent has not opposed the matter. 3. It is apparent from the papers that the versions of... More

The appellant is seeking the setting aside of an order of the Magistrates’ Court whereby the respondent successfully obtained a downward variation of maintenance set aside. More