On 17 May 2011 I dismissed an urgent application wherein the applicant sought the following relief:-
“FINAL ORDER SOUGHT
It is ordered that:-
1. The Arbitration award by Arbitrator Chimhuka issued no 28 April 2011 be and is hereby registered as an order of this Honourable Court.
2. The Writ of execution issued by the Registrar on 23 April 2011 under case No. HC 1926/11 be and is hereby set aside.
3. Messrs Sakala and Company be and are hereby ordered to pay the costs of this application de bonisprepriis on a higher scale alternatively first, second and third respondents... More
The plaintiff claims damages based on the following common cause facts;
An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to transfer its rights, title and interest in Stand 10482 Seki Township, [hereinafter referred to as the stand], as security for the debt.The plaintiff commissioned production of a valuation report of the stand. A mortgage bond was registered over the property and the stand was valued at $250 000.00. Superbake defaulted. The plaintiff entered into an agreement with its debtor in... More
The applicant and the 1st respondent executed a written agreement for the supply, delivery and installation of instrumentation, control and electrical equipment for the Mabvuku Ethanol Storage Tanks Project. The contract price was US$ 2 268 199.90. It was a material term of the agreement that the applicant would defray the 1st respondent’s costs for materials purchased for the project on production of an invoice, valuation report and interim certificate. The parties amended the agreement on two subsequent occasions in order to address the changes in the country’s monetary policy. The main effect of the amendments was to restructure the... More
The applicant approached this court for a rei vindicatio to recover a motor vehicle that was issued to the respondent as part of his conditions of employment with the applicant. The respondent’s contract of employment was terminated on 31 August 2020, and he was requested to surrender the vehicle. The respondent did not surrender the vehicle despite the request. More
This is an application for leave to continue legal proceedings against the respondent which is a company under corporate rescue. The application is premised upon section 126 (1) of the Insolvency Act (Chapter 06:07). The applicant is the lessor whilst the respondent is the lessee of a property known as Stand 279 and 280 Bulawayo Township, Bulawayo wherein there are buildings commonly known as Suite 102, 1st Floor South Wing, Q. V House, 9th Avenue, Bulawayo. The applicant seeks leave from this court to continue eviction proceedings that it had commenced against the respondent at the Magistrates Court under case... More
