This is a court application for a declaratur and consequential relief filed in terms of s 14 of the High Court Act [Chapter 7:06]. On 27 February 2025, this court issued an ex tempore judgment. The court upheld the point in limine that the first respondent was barred and that its opposing papers were fatally defective. The court struck out the first respondent’s purported notice of opposition and opposing affidavit and proceeded to deal with the application as unopposed. More
In this matter applicant has applied for an order dismissing the first respondent’s claim in case No. HC 1378/15 against applicant in terms of r 75 of the High Court Rules 1971 on the basis that the first respondent’s claim is frivolous and vexatious. The applicant cited the first respondent and Saltana Enterprises Pvt Ltd as joint respondents. The third respondent was joined as a third respondent as a result of third respondent having been joined as a third defendant by first respondent (the plaintiff in HC 13781/15). More
This was an application for rescission of a default judgment which l heard on 18 May 2017 and dismissed with costs. I delivered the judgment ex tempore and I have now been requested for the written reasons. More
Applicants sought the setting aside and nullification of the last will and testament of Pythias Nyamushanya executed at Mutare on 29 November 2006. First applicant sought to be declared the sole beneficiary of the matrimonial property namely Stand 1716 Umtali Township also known as No 7 Bain Drive Morningside, Mutare and an order that the other properties in the last will and testament for the late Pythias Nyamushanya be shared equally amongst all the beneficiaries named in the will including fourth and fifth respondents herein. More
One Jianqiang Jheng issued out summons against the defendant on 3 May 2016 claiming $17 204 being arrear rentals for certain mining equipment leased to the defendant under an agreement dated 8 December 2013 and extending to 8 January 2014. Plaintiff alleged that defendant did not relinquish the mining equipment after the termination of the agreement and is liable for holding over damages at the rate of $700 per month, interest at the prescribed rate, collection commission and legal practitioner and client costs. More
