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
As parents tussle over custody of children they seem to be oblivious that the best interests of the children reign supreme over the parents’ preferences. This court as the upper guardian of children will ensure that the duty placed upon it by the Constitution of Zimbabwe, and indeed the dictates of regional conventions such as the African Charter on the Rights and Welfare of the Child and international instruments such as the United Nations Convention on the Rights of the Child, being to safeguard the best interests of the children shall be undertaken without hesitation. Children are not chattels to... More
Whatthe applicant LloydMadyegasva hereinseeks, isan order to the effectthat apropertydescribedasStand 196 HillsideSouth,Township 14 of Matsheumhlope, in Bulawayo,which hepurchasedfrom oneDeclan Patrick Joseph Kelly, thethirdrespondent,wasdone with thefullknowledge of KingdomBank thefirstrespondent,as it was then known. More
On 29 June 2021, I gave judgment ex tempore. I have been requested to give reasons and these are they.
The matter was placed before me as a chamber application for condonation and upliftment of bar in terms of Order 32 r 241 as read with Order 12 r 84(1)(a) of the Rules of the High Court, 1971. More