This is an application for default judgment. Respondent/defendants failed to enter appearance to defend plaintiff`s suit. In considering the default application, I noted a number of issues on the papers and invited comment from applicant council. Counsel duly obliged with written and oral submissions. Hereunder are the reasons for my ruling.
[ 2] I must, at the outset, tender my apologies to applicant and counsel. This matter has taken unduly long to finalise. It was but a chamber application. It ought to have been earlier disposed of. Regrettably, the matter was improperly cued up with other business on diary. Appropriate... More
This is an appeal against an order which was granted by the Magistrates Court. The appellant, then applicant, approached the court a quo with an ex parte application for stay of sale of a motor vehicle pending rescission of default judgment wherein the following interim relief was granted:-
“That pending the finalization of the Application for rescission of judgment filed of record, the respondent be and is hereby ordered not to sell the motor vehicle repossessed from applicant.” More
The plaintiff issued summons against the defendant claiming $83 000 for money deducted by defendant from plaintiff’s guarantee account, $82 836.00 for loss suffered by the plaintiff at the instance of the defendant, $24 000 for loss of business, $12 000 for loss shop revenue, $7 000 being value of goods lost and $1 000 being a refundable money paid to statutory bodies, interest at 14.25% per annum from April 2015 to the date of payment in full and costs of suit. More
The plaintiff and the defendant were customarily married to each other in 1976. They on 5 February 1993, upgraded their marriage to a civil one in terms of the Marriage Act (Chapter 37), now Chapter 5.11. Their marriage was blessed with 6 children who have all attained the age of majority. The plaintiff left the matrimonial home on 11 January 2009 to go and live with a girlfriend in Masvingo. He later issued summons suing the defendant for a decree of divorce and ancillary orders. More
On 7 March 2013 the parties hereto were divorced by this court and their matrimonial assets duly distributed between them. It is about the disposal of one asset, an immovable property, Stand No. 9406 Budiriro Township of Stand 11265 Budiriro Township (hereinafter referred to as “the property)” that the parties find themselves back in court again. Whilst each of the parties was awarded 50% share of the property, the respondent has remained in occupation since 2013 and the applicant is still to get his share of the award. In pursuant of his share the applicant has had a valuer appointed... More
