This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
A brief resume of the broadly common facts in this case are as follows:-
The plaintiff is a citizen of Zimbabwe residing in this country and was the registered owner of a toyota hiace bearing registration number AAZ 7054 (the vehicle). More
This matter came before me through the chamber book on 16 April 2012. I directed that it be heard on an urgent basis as I considered the requirements for the procedure fully met. It was set down for hearing on 20 April 2012. Counsel for the respondent argued at length in favour of the grant of the provisional order. Mr Samukange, for the applicant, in the end conceded that without specifically pointing to the basis for reasonable apprehension of unlawful detention, which his client feared the respondent was about to effect, the court could not interdict the respondent from requiring... More
The plaintiff hails from Nigeria and is in Zimbabwe on a permanent residence permit. His country of origin would have deserved no mention whatsoever in this judgment were it not for an unjustified attack on the people of his nation and other foreign nationals by the Cranford Court Home Owners Association, (“the association”), a voluntary organization that owns and administers a block of flats in Central Avenue, Harare. More
The applicant in this matter approached the court seeking an order of this court for an order to compel the respondent to transfer property situate at 585 Quinnington Township of Lot 1A Quinnington Township 8422 square metres, otherwise known as No 90 Crowhill Road, Borrowdale Harare (hereinafter referred to as “the property”) to himself. The applicant also sought that, should the respondent fail to comply, the Sheriff or his lawful deputy be authorized by this court to sign the necessary documents to facilitate the transfer into the applicant’s name. The background of the facts are as follows: Sometime in March... More
