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This is an application for the setting aside of the decision of the Sheriff of Zimbabwe, the Sheriff, to confirm a sale in execution in respect of the Remainder of Lot 330 Block B Hatfield of Hatfield Estate otherwise known as number 6 Wenlock Road, Hatfield,Harare .The application is brought in terms of Order 40 r 359(1) of the High Court Rules,1979. More

In this matter the applicant is an aspiring Chief Madziva of Shamva who has approached the court on an urgent basis seeking the following relief:- More

As its name suggests, the applicant is a diamond mining company, carrying out its mining activities in Zvishavane. Its registered offices are in Harare. More

The applicant herein seeks a declaratory order that: it overpaid withholding tax to the respondent from January 2007 to October 2008 in the total sum of US$215,878.65; it is therefore entitled to offset the withholding tax payable for 2009 and 2010 against that overpayment; and all withholding taxes due by it for 2009 and 2010 have been settled in full. The respondent denies that any such overpayment was made or that the applicant is entitled to any set-off against its liability for withholding tax. Both parties seek an order for costs on a higher scale. More

This matter was argued before me on 25 October 2010. Counsel for both the applicant and the respondent undertook to furnish me with authorities for the arguments advanced on behalf of both litigants. Unhappily counsel did not act on their undertaking with the result that the authorities filed by counsel for the respondent was only availed on 11 November 2010. To date I have not received any from the applicant’s counsel and as a result this judgment will be prepared without the benefit of those authorities More