This is an application in which the applicant seeks an order in the following terms:
“1. The decision of the first respondent in dismissing the application for the rescission of default judgment be and is hereby set aside and the application for the rescission of default judgment be and is hereby granted.
2. The second respondent shall pay costs of suit.” More
The plaintiff who is a cessionary, sued the defendant for the payment of the sum of $7000-00. The claim was based on an acknowledgement of debt signed by the defendant on 25 October 2008. The defendant defended the matter up to the pre-trial conference stage when he defaulted. His defence was struck out and the matter was referred to the unopposed roll. More
This is an application in which the applicant, a debt collector, seeks summary judgment against the respondent. The applicant sued the respondent as a cessionary for payment of the sum of US$1 245-00 together with interest thereon at the prescribed rate, collection commission and costs of suit arising out of a hire agreement in which the respondent allegedly hired a motor vehicle belonging to one Chengetai Joseph Chimboduring the period of 1 June and 7 September 2010. More
The plaintiff issued summons against the defendant on 13 October 2010 claiming:
a) Payment of US$10,360-00 being outstanding arrears accrued during the periods May 2010–September 2010 respectively for the leased commercial premises known as number 599 Galloway Road Norton. The cedant TWRE Zimbabwe Limited ceded its rights, title and interest to the plaintiff who now sues as cessionary.
b) Interest thereon on the principal sum of US$10 360-00 at rate of interest 5% per annum from date of summons to the date of full settlement.
c). Costs of suit and collection commission.
The defendant excepted to the plaintiff’s summons in... More
At the close of plaintiff’s case in a relatively short trial defendant’s counsel applied for absolution from the instance plus costs of suit on a legal practitioner and client scale.
The plaintiff issued summons claiming a sum of US $1 315, interest at the prescribed rate on the principal sum from the date of accident to the date of final payment, collection commission at the rate of 30% plus costs of suit. At the commencement of trial the plaintiff had sought not to lead any evidence on the assumption that there were no triable issues. This is despite the fact... More
