This is an application for summary judgment. The background to the matter is that on 28 November 2005, the applicant (then the plaintiff) issued summons under case number HC 6208/05. The applicant claimed payment of the sum of $10 208 059-35 (revalued) owing in terms of an acknowledgement of debt dated 16 November 2005, interest at the prescribed rate from 11 November 2005 to date of receipt of payment and costs of suit. On 6 February 2006, the respondent (then the defendant) entered an appearance to defend. After having requested for further particulars, and further and better particulars which were... More
The plaintiff instituted these claims based on two acknowledgments of debt documents, [hereinafter referred to as AODs]. The plaintiff claims $26 258-12 and $38 402-03 being monies advanced to the defendant in respect of wheat and soya beans farming respectively. It claims that the defendant has failed, refused and neglected to pay the amounts in breach of the AODs. The defendant admits signing the AODs but claims that he did so under duress and undue influence. The issue referred to trial is whether the AODs were signed freely and voluntarily. More
: This is a claim by the plaintiff for payment by the defendants jointly and severally one paying the other to be absolved, of:-
(a) US$257 003, 91, being the capital amount;
(b) US$112 248, 94, being interest;
(c) US$85 220, 43 being penalty charges;
(d) Interest on the sum of US$257 003,91 at the rate of 15%.
The claim arises from a loan advanced to the 1st defendant. More
This is an urgent application for stay of execution. The applicant and the first respondent concluded a lease agreement in respect of premises situate at Number 4 Grant Street Kopje, Harare where the applicant runs a restaurant. More
The plaintiff and the defendant are both legal entities incorporated in terms of the laws of Zimbabwe. On 23 October 2015, the two entities signed a Public Procurement Engineering, Procurement and Construction Contract (the Contract). In terms of that contract, the plaintiff was required to construct a 100MW Solar Photovoltaic Power Station in Gwanda (the Project). A dispute arose during the implementation of the said contract prompting the plaintiff to approach the court for the following relief: More
