This is a delictual claim for delivery of a vehicleor alternatively payment of damages. At the beginning of the trial the plaintiff withdrew its claim against Kudzai Shaba.
The dispute between the parties arises from the following brief facts.On 25 August 2008 Kudzai Shaba, acting as an agent of the first and second defendants sold to the plaintiff a Mercedes Benz C180, 2004 model. Sometime in February 2009 the plaintiff was arrested by the South African Police Service, SAPS, for possession of a suspectedstolen motor vehicle. The vehicle was impoundedand the plaintiff wascharged,convicted and fined for possession of the vehicle.... More
The plaintiff operates a foreign currency denominated account with the respondent bank at one of its Harare branches. It is common cause that as at 12.00 noon on 24 February 2003, the plaintiff’s account reflected a credit balance of US$11 694.11. It is further common cause that on 25 February 2005, the plaintiff instructed the bank to telegraphically transfer to a named beneficiary, the sum of US$11 0000-00. As he was leaving the bank after the transaction, he was approached by an employee of the bank, one Murape, who inquired as to whether he had US$5 000-00 for sale. The... More
This matter was placed before me on 22 March 2021for review with a cover note raising a procedural issue in the way the trial Magistrate canvassed the essential elements during the proceedings. More
The plaintiffs in this case seek the ejectment of all the defendants (who are 30 in all), and of all persons claiming title through them, from the property known as Railway Farm 26, in Chegutu.
At the inception of the trial of this matter, the plaintiffs formally withdrew their action against the 31st defendant, namely, the Minister of Lands, Agriculture and Rural Resettlement. Plaintiffs’ counsel also sought judgement by default as against those defendants who were not personally present at the trial. However, counsel for the defendants submitted that the 8th defendant, Jeremiah Chikepe, had been appointed and authorised to... More
This is an appeal against the order by a Magistrate sitting at Harare Magistrate Court. The Magistrate rendered an order dismissing the application for stay of execution launched by the appellant More
