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On 26 June 2022 we dismissed the appellants appeal against the refusal by the lower court of rescission for default judgment on the basis that none of the material requirements for rescission had been met by the appellants. The delay was inordinate, the explanation for the delay was unsatisfactory and the prospects of succeeds on the merits were in our view nil. The background facts against which rescission had been refused by the lower court were these. The appellants and the respondent went onto a joint venture to operate a college. Irreconcilable differences arose rendering it impossible to continue operating... More

This is an application for absolution from the instance after closure of the plaintiff’s case. More

Applicant seeks the following order from this court; “(1) That first respondent shall approve the layout plan for applicant within ten (10) days of service of this order, failure of which the Sheriff for Zimbabwe shall sign the layout plan in approval for subdivision E of Arlington Estate, Harare (2) 1ST respondent shall pay the costs of this application if he opposes same. (3) 2nd respondent, the administrative authority for the municipal area of Harare, shall be bound by the provisions of this court order. More

The court action between the parties was set down for hearing on the continuous court roll for Wednesday the 31st January and Thursday the 1st of February 2011. It is pertinent to note that a Joint Pre-Trial Conference minute had been filed of record and signed by both parties’ legal representatives. The matter was referred to trial by HUNGWE J on 28 June, 2017. As for this court was concerned all the issues for trial had been settled by and between the parties. More

This matter was instituted as an urgent chamber application for an interdict preventing the respondents from removing “any bags of maize from (the) applicant’s premises” pending determination of the matter. The final order sought is that the applicant be given leave to process the maize in its custody into mealie-meal. After hearing argument from the legal practitioners representing the applicant and the respondents I dismissed the application with costs and indicated that my reasons would follow. The applicant has asked for the written reasons. These are they. More