This is an application for rescission of a default judgment in terms of r 63 and r 449 (1) of the High Court Rules, 1971.
The first applicant is a duly registered company in terms of the relevant laws of Zimbabwe in the business of providing hunting safaris. The second applicant is a legal practitioner practicing under Ncube Attorneys, a law firm situate in Bulawayo. He is the first applicant’s legal practitioner of record. The first respondent is a district council and a corporate body. It governs the affairs of Tsholotsho District. The second respondent is a body corporate that... More
The plaintiff is a legal entity duly incorporated in terms of the laws of Zimbabwe. It specialises in the supply of high-tech traffic safety devices, research and continuous professional development. The first defendant is cited in his official capacity as the authority under whose command the entire police service is reposed. The second defendant is cited in his official capacity as the Minister responsible for overseeing the police service in terms of the Constitution of Zimbabwe. The plaintiff instituted proceedings against the defendants seeking relief of specific performance or alternatively damages for breach of contract. The claim is pursuant to... More
This judgment disposes of two applications. Case number HC 1129/23 is an application for the setting aside of an arbitral award handed down by the arbitrator on 18 November 2022 while HC 7965/22 is an application for the registration of the same award More
The plaintiff was married to the late Pius Mikiya Washaya in terms of the then Marriage Act on 17 December 1966. Five children were born to them who are all majors. In or around 1976, the immovable property was purchased and registered in the name of the late Pius Mikiya Washaya who died at Harare on 14 January 2020. He had executed a will on 8 April 2019 in which he bequeathed the immovable property in equal and undivided shares to the plaintiff and two children, Beniya Mikiya Washaya (born on 17 October 2006) and Tinotenda Ndamuka Washaya (born on... More
Plaintiff is a private company that is involved in the transportation of commodities including fuel products. The defendant is an oil company which procures and imports fuels andis registered with the Zimbabwe Energy RegulatoryAuthority (hereinafter referred to as “ZERA”), as is required of fuel and petroleum procurers, by statute. The defendant’s activities are performed and regulated by ZERA and it has a bonded fuel facility at the National Oil Company of Zimbabwe (hereinafter NOIC) bonded facility in Msasa, Harare. More
