The applicant seeks a review of the decision of the second respondent denying the applicant leave to sue the first respondent which is under administration. The applicant is in the business of hiring out earth moving equipment. In the conduct of its business it hired out its equipment to the first respondent. The first respondent was subsequently placed under reconstruction in terms of the Reconstruction of State Indebted Insolvent Companies Act (the Act). The second respondent was appointed as administrator of the first respondent. More
At the conclusion of the trial both lawyers representing the parties’ undertook to file closing submissions, plaintiff on the 13th July 2018 and defendant on the 17th July 2018. Both counsel have, however, failed or neglected to do so notwithstanding the shared view that there was great need for such submissions. AdvocateT Zhuwarara put it succinctly and I quote “Submissions on the law as it relates to the contract of barter is of particular importance because there appears to be no jurisprudence in that area post-independence.” It is therefore regrettable that I have had to prepare judgment without the expected... More
This is an application for an order evicting the 1st respondent from Stand No. 15724, Unit “P” Seke, Chitungwiza, and all others claiming rights of occupation in the stand. The applicant also seeks cession of the 1st respondent’s rights, interests and title in the stand to herself. More
: The applicant seeks, by way of an urgent chamber application, variation or correction of a judgment handed down by this Court on 14 January 2022, under Case No. HC 7099/21, Judgment No. HH 39-22.
In that judgment, the court ordered a stay of execution of an order granted by this court on 2 November 2021 per KWENDA J, MUCHAWA J and CHILIMBE J, under Case No. CIV “A” 77/21. Execution of this order was suspended pending the determination of an application for its rescission filed under Case No. HC 9097/21. The application for rescission was filed in terms of... More
The applicant seeks a rescission of a default judgment granted by this court on 22 September 2014. In terms of the order the applicant was to pay US$17 255.41 with interest at the rate of 6% from 19 February 2014 to the date of full and final settlement.
It is not in dispute that the respondent issued out summons commencing action which was served on applicant on 19 May 2014. The applicant did not file any opposing papers. The respondent applied for a default judgment which was granted. A writ of execution was issued for the attachment of applicant’s moveable... More
