This is an application in which the applicant, a debt collector, seeks summary judgment against the respondent. The applicant sued the respondent as a cessionary for payment of the sum of US$1 245-00 together with interest thereon at the prescribed rate, collection commission and costs of suit arising out of a hire agreement in which the respondent allegedly hired a motor vehicle belonging to one Chengetai Joseph Chimboduring the period of 1 June and 7 September 2010. More
The plaintiff issued summons against the defendant on 13 October 2010 claiming:
a) Payment of US$10,360-00 being outstanding arrears accrued during the periods May 2010–September 2010 respectively for the leased commercial premises known as number 599 Galloway Road Norton. The cedant TWRE Zimbabwe Limited ceded its rights, title and interest to the plaintiff who now sues as cessionary.
b) Interest thereon on the principal sum of US$10 360-00 at rate of interest 5% per annum from date of summons to the date of full settlement.
c). Costs of suit and collection commission.
The defendant excepted to the plaintiff’s summons in... More
At the close of plaintiff’s case in a relatively short trial defendant’s counsel applied for absolution from the instance plus costs of suit on a legal practitioner and client scale.
The plaintiff issued summons claiming a sum of US $1 315, interest at the prescribed rate on the principal sum from the date of accident to the date of final payment, collection commission at the rate of 30% plus costs of suit. At the commencement of trial the plaintiff had sought not to lead any evidence on the assumption that there were no triable issues. This is despite the fact... More
The applicant is a Chief Mining Engineer and Shareholder in 2nd respondent, which is a mining entity under judicial management. He seeks a prohibitory interdict, which is specific to the 1st respondent. The applicant claims to have founded the 2nd respondent in 2003. 2nd respondent specializes in gold mining and processing. 1st respondent is a legal practitioner, and the judicial manager of the 2nd respondent. He has some financial interest in the 2nd respondent having made significant financial investment in that entity. The arrangement was that applicant and 1st respondent would get shareholding in 2nd respondent, commensurate with their investment.... More
In this matter the applicant was sued by the respondent for adultery damages in the sum of $25 000.00 being $12 500.00 for contumelia and $12 500.00 for loss of comfort solicity and services of the spouse i.e. loss of consortium. The applicant on being served with the summons and declaration duly entered appearance to defend and filed his plea under case No. HC 4093/16. More
