OPPOSED APPLICATION
CHIRAWU-MUGOMBA J: The applicant seeks an interdict in terms of s8(1) of the Trade Marks Act ( Chapter 26:04), the ‘Act’. However, the correct section is 9A but this is neither here nor there. The applicant’s case as pleaded is very simple. She contends that since the 31st of May 2024, she is the registered proprietor in the Republic of Zimbabwe, Botswana, Mozambique and Malawi of the trademark FESO under AP/M/2023/005745 in classes 1, 3 and 35 in respect of hair products. She attaches a copy of the certificate of registration which shows that the mark is registered... More
The plaintiff in this matter, Letwin Kadiyo, lays monetary claims against the defendant for US$32 500.00 and US$20 000.00 based on a tacit universal partnership that she says she had with Kudakwashe Naison, the defendant. The plaintiff met the defendant in 2013 at a time when each used to sell his or her own wares at a market called Gulf Market in Harare’s central business district. She sold shoes and he sold cell phones. They fell in love. They started cohabiting in 2014 with his parents. He continued with his business and she did the same with hers. Each at... More
The application is opposed by the second respondent. The first respondent is the presiding magistrate whose decision is the subject matter of the review application pending before this court under case no. HC 2653/18. The first respondent is not really a player in this application because she made her decision, the subject of review and became functus officio. To put the matter beyond doubt, the applicant appeared before the first applicant at Harare Magistrates court on 17 February, 2018 charged with the offence of Criminal Abuse of Duty as a Public Officer as defined in section 174 (1) (a) of... More
This is an urgent chamber application for a spoliation order which was initially lodged against the first to third respondents before the fourth respondent was joined to the proceedings in terms of Rule 32(12) (b) of the High Court Rules, 2021.
The third respondent abandoned the points in limine raised in its papers of opposition. I will therefore go into the merits of the matter. The applicant’s case is that he bought two pieces of land from Hayes Zimbabwe Private Limited and Rawson Properties on 18 June 2020, being stands 18017 and 18018 Tynwald Township of lot 12 Tynwald. After... More
This is a court application for leave to execute an order of this court in case number HC 5622/19 pending appeal.
The application is opposed by the respondents.
On 17 January 2020 the applicant obtained an order against the respondents in case number HC 5622/19 in the following terms;
“that;
1. The respondents return and deliver a new Terex J1160 Mobile Crushing Plant to the applicant within 7 (seven) days from the date of granting of this order.
2. Failure of which the Sheriff is hereby authorized to take all reasonable steps to ensure that the respondents complies with this... More
