On 2 September 2011 I dismissed with costs the provisional order sought by the applicant. I delivered a handwritten judgment in which I set out the reasons for my decision. On 5 September 2011 the applicant wrote a letter to the registrar requesting my written reasons. The letter was only brought to my attention on 18 October 2011 together with the applicant’s reminder of 10 October 2011. I reproduce hereunder the full judgment I delivered on 2 September 2011. More
Applicant and respondent were customarily married and they have two children. Sometime in 2014 they had marital disputes leading to a separation. Applicant then approached the Magistrates’ Court, Bulawayo where he obtained an order for custody of the minor children, see page 9 of the record. Respondent sought an order for rescission of the default judgment but the application was dismissed. The dispute moved to this court on appeal and this generated the following matters, HCA 104/16; HCA 18/17 and HCA 04/18. More
On the 30th May 2017 I upheld a preliminary point raised by F. Mahere that the applicant was not represented in these proceedings and I gave the following order-
“1. Applicant not represented. Application be and is hereby dismissed. Mr F.M. Katsande and S. Mutema to pay costs de bonis propriis.” More
This is an application for summary judgment.
On 18 August 2010 the applicants issued summons against the respondents seeking the following relief:-
“(a) Delivery of 70 5000 litres of diesel
(b) Payment of the replacement value of 70 5000 litres of diesel at the market rate
prevalent on the date of judgment;
(c) Costs of suit on the legal practitioners and client scale” More
