On 23 June 2008 the plaintiff issued summons out of this court against the defendant. After the plaintiff furnished it with the further particulars it requested, the defendant, inter alia, excepted to the summons and declaration on 3 October 2008. The basis of the exception was that the defendant had ceased to exist both at the time the cause of action arose and at the institution of proceedings. More
: This is an urgent chamber application wherein applicant seeks stay of executor.
The facts as given in the founding affidavit are as follows:
On 30 November 2011 first responded issued summons against the applicant for malicious prosecution malicious arrest and detention for USD 400 000 plus interest.
The matter was set down for trial in the course of the trial an application for absolution from the instance was made and it was granted in favour of the applicant. First respondent appealed that judgment to the Supreme Court. Under SC 51/19 the Supreme Court rendered a judgment in favour of... More
This is a court application for dismissal of an action on the ground that it is frivolous and vexatious. The application was filed in terms of rule 31(1) of the High Court Rules, 2021. After hearing submissions from counsel, the court upheld the point in limine that the first to third respondents’ opposing papers were invalid. The court struck out the said notice of opposition and opposing affidavits and proceeded to deal with the matter as an unopposed application. More
On 24 March 2017, the applicant filed an urgent chamber application for, in the interim, an urgent interdict to stop the respondent or anyone acting on its behalf “from removing, defacing or otherwise interfering in any way with the applicant’s advertising signs and artwork installed thereon located at various sites in the Greater Harare area” pending the return date. On the return date the applicant sought a final order for a declaratur that the lease agreement between the parties entered into on 28 September 2006 was valid, binding and subsisting until terminated in terms of the provisions of such lease... More
The plaintiff issued summons against the defendants described herein for defamation damages in the sum of $ 500 000 000-00. In the declaration which is attached to the summons the defendants are described in the following terms:
“2 (a) The first defendant is the Editor of the Herald Newspaper.
(b)The second defendant is the Owner, Publisher of the Herald Newspaper, the Distributor of the Herald Newspaper and the Printer of the Herald Newspaper all of Herald House, Corner Second Street/George Silundika Avenue, Harare”. More
