The parties to this suit are duly registered private companies. At the relevant time, the defendant, Engen Petroleum Zimbabwe (Private) Limited, was one of about six or so “Engen” companies registered or domiciled here and/or abroad. The others were Engen Oil Zimbabwe (Private) Limited; Engen Holdings Zimbabwe (Private) Limited; Engen Petroleum South Africa and Engen Off Shore Holdings (Mauritius) Limited. The reason for this detail shall soon emerge. More
This is a constitutional application. The applicants want s 4 and s 6(1)(b) of the Communal Land Act [Chapter 20:04] declared ultra vires the Constitution of Zimbabwe. The draft order does not identify which particular sections of the Constitution the impugned provisions allegedly conflict with. But according to the founding affidavit, the impugned provisions are an infringement of the applicants’ right to life; their right to human dignity; their right to property; their right to equal protection and benefit of the law; and their right to culture and language, allegedly as protected by s 48; s 51; s 72; s... More
This is an urgent chamber application in which the following order is sought:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to thus Honourable Court why a final order should not be made in the following terms:
1. The first respondent be and is hereby barred from exercising the functions of Corporate Rescue Practitioner for MCA Venture Capital (Pvt) Ltd (under corporate rescue).
2. The first respondent shall pay the costs of this application on the scale of legal practitioner and client in his personal capacity. More
The story of Lizzie Chokela (the plaintiff) is follows:
The first defendant which is a duly incorporated company contracted Nick TsigisaiMaheve a mechanic and operating as Nick Motors to repair and service its motor vehicles as and when the need arose. Nick was a mechanic but not an electrician. When an opportunity to do some electrical related work on one of the first defendant’s motor vehicles arose Nick then subcontracted the plaintiff to go and work on the motor vehicle in question in the Ngezi area.
In order for the plaintiff to get to Ngezi she had to be driven... More
On 1 March 2007, the plaintiff issued summons out of this court for an order as follows:
a)an order declaring the agreement annexure A to the particulars of the claim dated 18 December 2006, to have been validly cancelled and incapable of performance.
b) an order for the return to the plaintiff of motor vehicle Mitsubishi Chariot Reg number AAN 8616, or alternatively
c) Payment of the sum of R17 000-00 being the balance of the purchase price due to the plaintiff
d) Costs of suit
The facts which give rise to the dispute are these. The plaintiff and the... More