The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as FidelisHapagarwiNhapi who is not cited as a party to these proceedings. The applicant alleges that at the time of the sale Fidelis HapagarwiNhapi advised him that there were illegal occupants on the property. He was assured that the illegal occupants would vacate the property. The applicant subsequently wrote to the first respondent on 5 August 2010 indicating that he would... More
The plaintiff issued Summons against the defendant claiming a total of US50 000.00 as damages for negligently causing the death of his wife, interest at the prescribed rate from date of demand to date of full payment as well as costs of suit. The amount is made up of US$100.00 for funeral expenses, US$40 000.00 for loss of spousal support and US$9 000.00 for child support. More
This is an application to compel the respondent to provide further particulars. The respondent issued summons against the applicant on 4 September 2013 for payment of $37 688-40 being balance outstanding on the purchase of timber. The contract of sale was said to have been signed by the parties on 16 December 2010. The respondent also claimed damages in the sum of $183 782-02 for the complete destruction of the timber plantation by a veld fire which was allegedly exacerbated by the dry timber cut and left lying in the plantation by the applicant. The respondent also claimed interest and... More
After hearing this matter I issued an order in terms of the draft. The record was then mislaid resulting in the applicant construction a dummy file so that an order could be issued. The respondent despite having been served with the application and having entered opposition failed to appear at the hearing. In view of the relief being sought I found myself unable to grant an order in the absence of argument on the legality of the order being sought. I therefore sought the assistance of Mr Zhou specifically to advise the court whether or not the form of relief... More
This is an application for the setting aside of a judgment given in default of the applicant in case number HC 864/11. The judgment was given on 26 May 2011. The applicant states that he became aware of the default judgment on 25 July 2011 when he was served with the notice of attachment and removal of goods by the Deputy Sheriff. The instant application was instituted on 23 August 2011. More
