This is an application for stay of proceedings that are before the second respondent pending the determination of an application for review of the second respondent’s dismissal of an exception to the charges. More
At the commencement of the hearing, Mr Uriri for the applicant applied to amend the applicant’s draft order with the consent of Mr Manjengwa for the respondent. The prayer in the draft order was accordingly deleted and substituted as follows:
1. It is hereby declared that procurement contract No. ZPC 304/2015 dated 23 October, 2015 between the applicant and the respondent is valid and binding between the parties.
2. Consequent on the declaration of validity of the contract, a decree of specific performance be and is hereby issued.
3. The conditions precedent the satisfaction period are deemed to have ben... More
This is an application for dismissal for want of prosecution of the application for rescission of judgment filed by the first to 33rd respondents on 8 June 2016. The main application was filed under case no. HC 5801/16, seeking the setting aside of the order of this court granted in case no. HC 7797/15 on 6 April 2016. After the respondents had served the application for rescission of judgment the applicant filed its notice of opposition and opposing affidavit on 23 June 2016. The respondents took about five months to file an answering affidavit to the opposing papers. After that... More
This is a special plea raised by the first and second defendants against the plaintiff’s claim in case HC 7222/11.
At the commencement of the application, the proceedings against the second defendant were by consent of all the parties stayed in terms of s 54 (2) of the Banking Act [Cap 24:20]; it having been placed under curatorship by the Central Bank on 11 June 2012. I proceeded to hear the first defendant’s special plea. More
The parties to this case are embroiled in a contractual dispute. Basically the allegations against the respondent are that he has taken control of farming operations at Inyanga Downs Orchards without the consent of other directors. In its amended draft order the applicant is seeking the restoration of the status quo ante. At the hearing of this application counsel for the respondent raised some points in limine. More
