This is an application for rescission of a default judgment made in terms of Rule 449 (1)(a) of the High Court Rules, 1971 (“the old Rules”). That judgment was granted by this court under case number HC 4052/11. What happened is that, the applicants (who were parties) in those proceedings, defaulted in filing their plea. More
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
: In the early hours of Sunday 6 October, 2019, at approximately the hour of 0545 two buses of the Yutong make collided head on along the A5 Highway at the 234 Kilometer peg. The A5 Highway is the road from Harare to Bulawayo or the vice versa direction. The 234 kilometre peg is located between Kwekwe and Gweru. The accident can only be described as tragic and horrific. It marked a sad day for the country which lost thirteen of its citizens from injuries sustained due to the accident. Scores of surviving passengers were injured to various degrees. The... More
