This is an urgent chamber application in which the relief sought is a provisional order that the respondents be interdicted from carrying into execution the order in case number HC 9880/15. The final order sought is a stay of execution of the order in HC 9880/15 pending the determination of HC 11886/16 or any related matter. More
This is an urgent chamber application in which the applicant seeks interim relief to the effect that the seizure and attachment of its bank account number 9140000213879 held with the third respondent bank at its Parklane Branch be suspended and that the seizure and attachment of the applicant’s shares effected on 29 August 2018 be suspended. The applicant seeks a further interdict restraining the first and second respondents from “attempting any further seizure and attachments in execution of the applicant’s funds or bank accounts and applicant’s shares”. The final order sought is for the setting aside of the seizure and... More
: The tragic state of affairs in this case is that the father (who later passed on) and son have been engaged in a seemingly unending and bruising legal battle for over a period of seventeen years. Even after the death of the father the swords are still drawn out and the battle far from over. This is more so when one considers that the application before me is simply for a rescission of a default judgment. More
The plaintiff and the defendant were customarily married to each other in 1980. They on 24 October 1989 solemnized their marriage in terms of the Marriage Act then ([Cap 37]now [Cap 5.11]). They were blessed with three children. Two of them are now adults. The youngest Nattle born on 24 February 1997, is the only minor child of the plaintiff and defendant’s marriage. More
By default judgment granted by DUBE J (as she then was) on 2 December 2020 in favour of the first respondent as applicant in case No. HC 5932/20 against the applicant herein with the second and third respondents being the same as in this application, the applicant and her agents were interdicted from carrying out mining activities at a mining claim called Xmas 159 situated at Smithfield Farm. The location of the claim is Mazowe area in Mashonaland Central Province. The learned judge also granted ancillary relief. The applicant filed this application for an order of rescission of the order... More
