This is an urgent chamber application to interdict the first and second respondents from selling a certain piece of land situated in the District of Harare known as No. 34 Arcturus Road, Highlands, Harare held under Deed of transfer No. 3496/09, measuring 4334 square metres (herein after referred to as the property) to any other person without offering the said property to the applicant first. More
The plaintiff and the defendant are husband and wife. They contracted a customary law union in 1992 and married in terms of the Marriage Act [Cap 5:11] on 17 February 2005. The marriage was blessed with three children the eldest who is now a major. More
At the trial of this matter, the defendants were in default. They were duly served with the notice of the trial on 1 October at their chosen address for service. The plaintiff moved for default judgment to be entered against the defendants as prayed for in the summons. Entertaining doubts as to whether or not the plaintiff’s claim was sound, I requested the plaintiff to address me on whether or not the original contract between the parties was not in contravention of the Exchange Control Regulations and thus unlawful. The plaintiff, who appeared before me in person, opted to file... More
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
