In this matter applicant filed an urgent chamber application for stay of execution pending determination of applicant’s application for rescission of a default judgment which the first respondent obtained against the applicant in HC 6085/21. First respondent opposed the application.
The relevant background is that first respondent sued applicant under HC 6085/21 for an ejectment from No 17 Ridgeway North, Colne Valley, Harare which matter applicant defended as a self-actor. HC 6085/21 was set down for a hearing on 2 June 2022 before MANGOTA J. On 2 June 2022 first respondent represented by Mr V Mhungu obtained a default judgment... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
The plaintiff herein approached this court seeking to be declared the legitimate purchaser and holder of the rights, interest and title in Stand No. 7971 Belvedere West, Harare, and an eviction order as against the first defendant and all those claiming occupation through him together with costs. More
This is an application for bail on the basis of changed circumstances. The applicant is standing trial in the Regional Magistrates Court on one count of armed robbery and one count of illegal possession of a firearm in contravention of s 4(1) as read with s 4 (2) (b) of the Firearms Act [Cap 10:09]. More
On 14 December 2012 the applicant filed an application in this court seeking to obtain the order framed as follows:-
“It is ordered that:
1. Garnishee be and is hereby ordered to release all monies it holds in Commercial Bank of Zimbabwe CBZ Account Number 20051570077 or is owing to the judgment debtor; to the Deputy Sheriff Harare, until the writ of execution in case number HC 11077/12 is satisfied; and in any other accounts they may hold; on behalf of the debtor.
2. The judgment debtor shall pay costs of suit.” More
