This is an Urgent Chamber Application for stay of Execution of a writ issued and obtained by the first respondent following a default judgment granted in its favour by this Honourable Court on 14 September 2022 in HC 5024/22. The stay is being sought pending finalization of an application for rescission pending in HC 7024/22.
The facts are that the applicant entered into a lease agreement for certain property known as 6 Cannock Gardens, Cannock Road, Mount Pleasant, Harare. The said lease was cancelled or otherwise terminated mutually and a new verbal lease agreement was entered into in or around... More
On 21 January 2019, the applicant and the first respondent concluded what they styled an “Export Finance Facility Agreement (“the Agreement”). In terms of the Agreement, the first respondent advanced to the applicant the sum of RTGS 5 100 000,00. The applicant was required to repay the loan facility in the sum of US$ 2 217 291.00. This amount would be realised from export sales of crops grown by the applicant. These are described in the Agreement as “exportables”. The repayment period was 5 years, running from 4 January 2019 to 31 January 2024. The Agreement provided for the deposit... More
I heard this application on 11 October 2017. At the close of submissions, I delivered an ex tempore judgment in which I dismissed the application with costs.
On 17 October 2017 the applicant’s legal practitioners addressed a letter to the registrar of this court. The letter reads, in part, as follows:
“We have been instructed to request as we hereby do the full judgment and reasons thereof.”
I set out hereunder the full judgment and the reasons for the same.
The applicant is a legal entity. It claims that it owns and operates a farm which is best described as... More
The 2 applicants are husband and wife who are seeking an order for the eviction of the first respondent, and all those claiming occupation through her, from stand 17405 Katanga Norton. The applicants state that they purchased a vacant stand from WinniePatimaKandengwa and Charles Aaron Kandengwa on 4 August 2008 and have referred to a sale agreement filed in HC 12070/11 a matter in which the first applicant sued the sellers, the second respondent and the Deputy Sheriff for transfer of right, title and interest in that stand. More
The nine appellants were convicted on their own plea of guilty to contravening section 368 (2) as read with s 368 (4) of the Mines and Minerals Act, [Chapter 21:05](“the Act”). Theywere each sentenced to the mandatory 2 years imprisonment. They appealed against conviction on the basis that they were convicted on a chargewhich was not supported by the facts admitted between them and the State. More
