The appellant is one determined litigator. His determination appears to be assisted by the fact that he has not engaged a legal practitioner to assist him and the prudence and reticence that is usually borne out of financial constraints not to pursue small claims to the limit appear absent. Also absent is merit in the appeal that he has noted to this court against a decision of the magistrates’ court dismissing his claim. More
The plaintiff in this matter seeks an order for the eviction of the defendants from its premises on Arcturus Road, Harare, and for the payment of holding over damages in the sum of US$1575-35 per month as from 1 March 2009 to the date of ejectment. The issues for determination are as follows: (a) whether or not the plaintiff lawfully terminated the statutory tenancy and is entitled to vacant possession of the premises; (b) whether or not the plaintiff is entitled to holding over damages as claimed or at all.
The 2nd defendant is in default, having failed to note... More
This application was argued before me on 16 July which was the return day of a provisional order granted on 4 May 2009. Although the first respondent was at the initial hearing he did not appear on the return day. He had filed opposing papers as well as heads of argument even though he was not legally represented. Mr Gutu who appeared for the second respondent, the Minister and insisted on the matter being heard on the merits and seemed not to be alive to the absence of the first respondent and the prejudice that would ensue to the latter... More
This is an application for contempt of court. The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the state. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by the minister responsible for land resettlement on 24 June 2008. When he moved onto the plot, he locked the tobacco grading shed, the irrigation pump station and borehole thereby denying the applicants access to the infrastructure. The applicants approached this court and on 18 August 2008, successfully obtained, in... More
The plaintiff claims for damages for breach of contract arisingto an oral agreement entered into between him on one hand and the defendant on the other; interest at the prescribed rate together with costs of suit. At the pre-trial conference the issues were identified as: More
