On 2 May 2018 the first respondent filed his opposing papers. When the matter
commenced at 9.30 am, Mr T Sengwayo requested the matter to be stood down until 2 pm, he indicated that he wanted to file a supplementary affidavit from Mr Mushonga and also to go through the opposing papers for he had only received them in the morning of the set down date Ms Mahere opposed the application arguing that since the application was brought on an urgent basis it ought to be treated as such. After the arguments for and against by both counsel it was... More
: The plaintiff is Mereki (Warren Park) Community Trust. The trust was formed by registered Trust Deed No 722/2015 dated 12 June, 2015. The trust was founded for the main objective of advancing the welfare and interests of Warren Park Community. Warren Park is a high density suburb located to the south west of the environs of The City of Harare. More
This is a court application, filed by the applicant on 28 September 2022, for leave to execute judgment pending appeal. The judgment which the applicant desires to execute was handed down in HC 1343/21 on 13 September 2022. After hearing arguments from the parties, I gave an ex tempore judgment allowing the relief sought by the applicant, and undertook to deliver a full judgment the next day. Here are the reasons for the order I granted on 17 November 2022. More
The instant urgent chamber application is one for an interim prohibitory interdict against respondents to bar and /or stop them from disposing and/or selling two truck horses and two tanker trailers belonging to applicant which respondents have forfeited. More
The parties agreed to refer this matter to me as a special case in terms of rule 52 of the High Court Rules, 2021. On 15 August 2022, the statement of agreed facts was duly filed, which were captured as follows:
1. Sometime in September 2020, the Plaintiff transported a fuel consignment for Wellsford International destined for Zambia, the trucks of which are the subject matter of this case.
2. Before crossing into Zambia, the trucks made an about turn and made entry into Zimbabwe, still loaded with fuel without following the customs procedure prescribed by the law.
3. The... More