Both the applicants are former employees of the respondent. Their applications were consolidated with the consent of both parties in terms of Order 13R92 of the High Court Rules, 1979. The two applications were lodged separately and counsel requested the court to consolidate the matters. In considering whether or not a consolidation was warranted the court had Their applications were consolidated with the consent of both parties in terms of Order 13 R92 of the High Court Rules, 1979 regard to the fact that the cause of action arose from the same facts and the issues raised in both application... More
This is a fairly straightforward case which in all fairness could have proceeded as a stated case since there is no dispute on the facts.
The facts which are common cause in this case can be summarised as follows:-
The plaintiff is a farmer operating from farm No. 30 Chipangayi, Chipinge District, Manicaland Province. On 1 November 2007 the plaintiff delivered 65, 413 tonnes of wheat to the defendant’s depot at Middle SabiChipangai as a result of which the two parties entered into an agreement tendered in this court as exh 2. In terms of exh 2 the plaintiff had... More
This is an application to execute an order of this court pending an appeal to the Supreme Court.
It is common cause that in terms of an agreement entered into on 1 November 2007 between the applicant and the respondent the applicant, a farmer at farm No. 30 Chipangayi, Chipinge District in Manicaland Province, would deliver 65,52 tonnes of wheat to the defendant. The purchase price would be paid as follows:-
(a) 50% in Zimbabwe currency amounting to ZW$2 349 958 125-00
(b) 50% in foreign currency amounting to US$ 8 179-63 payable through the Reserve Bank of Zimbabwe. More
The allegations, as set out in the Request for Remand Form, are that they criminally abused their duties as public officers as follows. They were members of the City of Harare Tender Evaluation Committee. On a date not material to this judgment, sitting as members of such Committee, they unprocedurally awarded a tender to refurbish street lights in Harare to a company called Juluka Enndo Joint Venture in breach of procurement provisions which required the procurement to be done through a competitive bidding process. Further, they disregarded their earlier decision at a previous sitting of the same City of Harare... More
