The applicant partnership filed an application on 16 January 2012 seeking payment of US$31 249-24 from the first and second respondents failing which it sought an order against second respondent for him to register a first mortgage bond on stand number 62 Carrick Greagh of Carrick Greagh Township Section 4 of Borrowdale Estate held under Deed of Transfer Number 2995/2009 and if he failed, the deputy sheriff was to do so on his behalf. It also sought to interdict second respondent from disposing of, alienating, encumbering or in any way dealing with the immovable property in question and costs of... More
This is a joint application for leave to bring a class action as well as to compel the respondents to furnish requested information pursuant to the right of access to information brought in terms of Rule 89 of the High Court Rules, 1971.
The background facts are that sometime at the beginning of the year 2021, the first respondent commenced subdividing land which houses Rossa Clinic and which land is earmarked for the expansion of the clinic. The community through the applicants who are their representatives sent a delegation to the Chief Executive Officer of the first respondent to enquire... More
The facts of the case that are not disputed if one takes into account the papers filed of record are that the Applicant imported Pre-Painted Galvanized Iron (PPGI) sheets that it uses to manufacture roofing sheets. Applicant then enlisted the services of the Respondent to do port clearance and transportation of the said sheets from the port to the premises of the Applicant in Harare. There was never any dispute or misunderstanding as regards the parties obligations in the contract. The Applicant met its side of the contract through paying the Respondent amounts that are not in dispute. The Respondent... More
Applicant’s contention is as follows:- The application has been necessitated by the need for a final and definitive statement as to her status and rights on account of the refusal of the first respondent to entertain her request for confirmation of her status as a citizen of Zimbabwe by birth. She was born in Memphis in the United States of America (though she actually stated United States of America Zimbabwe in her founding affidavit). Her father was born in Zimbabwe whilst her mother was born in India but is a citizen of Zimbabwe. At the time of her birth, her... More
This was initially a contested trial which then proceeded as a stated case by mutual consent of the parties after filing a statement of agreed facts. The point of law taken up for argument revolves around the interpretation of s 282(2)(b) of the Urban Councils Act [Chapter 29:15]. More
