This is an application contemplated by s 350 of the Companies Act [Cap 24:03] for security of costs in the sum of US$20 000-00 filed on 7 September 2011. The applicant also seeks a stay of the main matter until such costs have been paid and costs of the present application. It arises from a letter written by the respondent’s legal practitioners on 9 May 2011 confirming that the respondent was a dormant company with no assets save for the property in dispute. More
Applicant seeks the setting aside of a judgment entered in her absence. She also pursues, as consequential relief, joinder to the same proceedings in HC 1202/21. The application is brought under rule 29 of the High Court Rules SI 202/21 (rule 449 of the old High Court Rules 1971). Applicant`s claim herein is based on what she describes as her direct and substantial interest, as a lessee, in a farm from where she now faces eviction. More
The plaintiff in this matter claims the repair and delivery of his Audi 200 motor vehicle or, in the alternative, payment in the sum of $900 million as damages in respect of the replacement value of the vehicle. The defendant disputes liability on the main and alternative claim and, in any event, invokes the owner’s risk disclaimer clause in the repair contract as absolving it of any liability to the plaintiff. More
On 23 May 2017, I delivered an ex tempore judgment granting the application for rescission of judgment after hearing the matter. Following a request for the written reasons, I hereby furnish them.
The application was for rescission of a default judgment which was handed down on the 12th of October 2016 in HC 10562/13. The default judgment ordered the respondents and all those claiming occupation through them to vacate from House number 7434 Unit K, Seke Chitungwiza. Apparently, the first applicant is a sister in law to the second respondent. More
The plaintiff and the defendant married each other on 6 December 2003 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children now aged about six years and two years respectively.
The plaintiff issued summons out of this court on 7 May 2009 seeking a decree of divorce; an order awarding him three motor vehicles, a Mazda 323, a Toyota Corolla and a Toyota Dyna and also awarding him immovable property number 22625 Unit G Seke, Chitungwiza and costs of suit.
The defendant filed her plea and also counterclaimed seeking a decree of divorce, custody... More
