This is a chamber application for leave to admit into evidence a supplementary opposing affidavit earlier filed without the leave of the court.
BACKGROUND
The background to this matter is that the respondent filed an application under HC 1130/11 to compel the applicant to transfer stand 13981 Khami Road Extension, Kelvin West, Bulawayo into its name on 3 February 2011.Following this the applicant in this application who is the respondent in HC 1130/11 filed its opposing papers followed by an answering affidavit from the first respondent. The applicant subsequently filed a supplementary opposing affidavit[hereinafter referred to as the supplementary or... More
: The applicant is an incorporation under provisional liquidation and is, through its provisional liquidator, seeking an interlocutory interdict preventing the second respondent from transferring, encumbering or dealing with stand 5205 Salisbury Township of Salisbury Township lands (“the property”). It also seeks an interlocutory interdict preventing the fourth respondent, a commercial bank, from releasing the purchase price of US$280 000-00 to anyone or registering any bond or other form of security on the title deed of the property and another interlocutory interdict against the third respondent, the Registrar of Deeds, from processing any transfer, mortgage bond or other security on... More
The plaintiff issued summons against the defendants claiming jointly and severally the one paying the other to absolved payment of US$501092.34 being capital, US$54 695,59 being interest, US$180.00 being Bank charges, interest on the sum of US$501 092.34 at the rate of 23% per annum subject to variation from time to time with effect from the 16th of August 2016 to date of payment and costs of suit on a legal practitioner and client scale and collection commission as provided for under the Law Society of Zimbabwe by –laws (1982). More
