This is an application for a prohibitory interdict against the respondents. The salient facts of the matter are that the applicant entered into a written housing off-take agreement (the contract) with the second respondent, National Social Security Authority (NSSA) on 14 July 2017 in terms of which the applicant was the developer and the second respondent was the beneficiary. The applicant as the developer was to acquire land and construct 8000 housing units with the second respondent being an off-taker of all the housing units in question. Put differently, the applicant agreed to sell to NSSA and NSSA agreed to... More
The plaintiff is a businessmen and a director of a number of private companies operating in Zimbabwe, South Africa and Hong Kong. For quite sometime he has been operating his various businesses in partnership with the defendants who are Chinese nationals. More
The applicant filed an urgent chamber application on 9 June 2021 seeking the release of his consignment of abalone fish which the respondent seized on 27 May 2021 under Notice of Seizure Number 032789L, and an Atego Rigid Truck, Registration Number JR94CCGP held under Notice of Seizure Number 032788L, which was carrying the abalone consignment. The aforesaid notices also, informed the applicant that the Commissioner General, Customs and Excise, in terms of s 193 of the Customs and Excise Act [Chapter 23:02], may inter aliarelease the goods from seizure or declare them to be forfeited.Additionally, both notices bore on their... More
This is an urgent application wherein the applicants seek the following relief:-
“1. The applicants be and are hereby authorised, directed and empowered to execute the judgment under Case Number 6257/11 notwithstanding the appeal noted against that judgment by the respondents.
2. The first and second respondents be and are hereby restrained from vandalizing and or removing fixed assets on the land including electrical installations, water irrigation pipes and dwelling houses.
3. The Sheriff or his lawful Deputy be and is hereby directed, empowered and authorised to execute the eviction of the first and second respondents from the whole of... More
This is an application for rescission of a judgement in matter no. HC 13997/12 granted on 16 January 2013 by this court. The dispute grew out of a lease agreement under which certain disputed amounts for rates, water and electricity and arrear rentals remained owing by the applicant as lessee, to the respondent, Stonler Systems as lessor. The respondent issued summons for the recovery of monies owing and for the eviction of the applicant from the premises where he was running a restaurant. The lessee having failed to enter an appearance to defend, the respondent as lessor obtained a default... More
