After hearing argument, I granted the application and indicated the reasons will follow. These are they. This is an application for leave to execute judgment pending an appeal against the judgment dated 7 March 2007 given under case HC 3796/06. More
Taking two leaps per chasm is untenable. That -in my view -was the Supreme Court`s guidance when it ruled, in Nestle Zimbabwe (Pvt) Ltd v Zimbabwe Revenue Authority SC 148-21[ Hereinafter cited as “SC 148/21”.], that a tax assessment cannot be issued subject to a further audit. An assessment must be final. More
On 17 May 2011 I dismissed an urgent application wherein the applicant sought the following relief:-
“FINAL ORDER SOUGHT
It is ordered that:-
1. The Arbitration award by Arbitrator Chimhuka issued no 28 April 2011 be and is hereby registered as an order of this Honourable Court.
2. The Writ of execution issued by the Registrar on 23 April 2011 under case No. HC 1926/11 be and is hereby set aside.
3. Messrs Sakala and Company be and are hereby ordered to pay the costs of this application de bonisprepriis on a higher scale alternatively first, second and third respondents... More
The plaintiff claims damages based on the following common cause facts;
An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to transfer its rights, title and interest in Stand 10482 Seki Township, [hereinafter referred to as the stand], as security for the debt.The plaintiff commissioned production of a valuation report of the stand. A mortgage bond was registered over the property and the stand was valued at $250 000.00. Superbake defaulted. The plaintiff entered into an agreement with its debtor in... More
This is a composite urgent chamber application for stay of execution and correction of a court order granted in error in terms of Rule 29(1)(a)(b) of the High Court Rules, 2021. More
