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The applicant is the lessor of premises known as Rear Room, Chesterton House, 42 Sam Nujoma Street, Harare. On 31 August, 2009, through its agents CB Richard Ellis, it entered into a written lease agreement in respect of the premises with the first respondent. The first respondent was represented by its director, the second respondent as surety and co-principal debtor. The period of the lease was to run for two years from 1 February, 2009 to 31 January, 2011. The basic rent was pegged at US$150 per month from 1 February, 2009 to 30 June, 2009 and was subject to... More

: The respondent being barred for failure to file heads of argument in terms of the rules of this court and no application for the upliftment of the bar having been made, the applicant is entitled to the relief sought More

I will refer to the parties as “NSSA” and “Council” respectively. The facts of this matter are set out in my judgment in HH 385/18 wherein I disposed of Council’s defence of prescription. For convenience, I will briefly summarise the facts. They are to a large extent common cause. In April 2002 and at Mutare the parties entered into two separate written agreements of sale. The provisions of the agreements were identical. The major difference was that the first agreement was in respect of the sale of 950 residential stands in Fernhill, Mutare whereas the second had the sale of... More

This is an application for upliftment of a bar. The three applicants herein are the defendants in the main matter while the respondent herein is the plaintiff. I will refer to the parties as the plaintiff and defendants for ease of reference. More

The applicant is praying for judgment against second defendant as follows: (a) US$ 4 297 170.00 (b) US$ 80 000.00 and (c) Costs of this application. More