The plaintiff has issued summons against the defendant wherein it claims payment of an amount of USD$24 256.65, interest on the stated sum at the prescribed rate and costs of suit. The background to the claim is briefly the following. More
The applicants are a married couple. They got married on 1 May, 2014. They did so at the Masjid-Al-Abbas Holy Temple which is in Harare. Their marriage was in accordance with the couple’s Islamic religious rites. A baby boy was born to them. He is one Azaan Zulfiqar. He was born on 18 November, 2016. More
The plaintiff company issued summons against the three defendants out of this court on 8 November 2005. It claimed for the payment of an outstanding debt of US$ 1 560 437.68, interest at the rate of 15% per annum, costs of suit on an attorney and client scale and collection commission at the Law Society tariff rate. The claim was based on the deeds of suretyship that each defendant signed in favour of the plaintiff. The defendants contested the action mainly on the ground that their personal guarantees offended against s 11 of the Exchange Control Regulations SI 109/1996 as... More
I heard this application on 20 June 2022.I decided it on the basis of the preliminary points which counsel for the second respondent raised.I delivered an ex tempore judgment in which I struck the application off the roll and ordered each party to meet its own costs.
On 27 June 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
On the day that the application was scheduled for hearing, Ms Mahere, for the second respondent, raised two preliminary points. These were that:
i) the applicant filed its Heads out of time, is barred and... More
: This is an application for rescission of a default judgment in terms of r 449 (1) (a) of the High Court Rules, 1971 made by the applicant seeking the following relief:
“IT IS HEREBY ORDERED THAT:
1. The order granted by this Court, on the 6th of June 2018 in case No. HC 2463/18 be and is hereby rescinded as it was granted in error.
2. The costs of this application shall be borne by the first respondent and its legal practitioners, Mr T Uchena of Mambosasa legal practitioners, jointly and severally, the one paying the other one to... More
