This is a ruling on whether or not present application should be treated as urgent. The background thereto is that the parties entered into a contract for the hire and lease of an excavator. That relationship soured. Present respondent instituted rei vindicatio proceedings in this court. More
On 4 February 2019, the parties entered into a lease agreement in terms of which the applicant let its premises, known as Number 6 Cannock Gardens, Cannock Road, Mount Pleasant, Harare to the applicant. The applicant would pay monthly rentals to the respondent, in the sum of seventeen thousand five hundred South African Rand, payable on or before the first day of each month. Due to non-payment of rentals, the respondent demanded vacant possession of the premises from the applicant through a notice dated 28 April 2022. This was followed up by two more letters demanding that the applicant vacates... More
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
