This is an urgent application for stay of execution submitted to meon 11 November 2013. I directed that the matter be set down for 13 November 2013 in my chambers. In that day the first respondent filed his response where inter alia hepointed out that the matter had already been decided by my brother the HONOURABLE MANGOTA J in case No.8602/13. I instructed the registrar to supply me with that file and it was brought to my chambers.
Upon perusal of that file, I noticed that indeed the HONOURABLE MANGOTA J had dealt with the same application for stay of... More
The respondent sued the appellant in the Magistrates Court sitting at Gweru for payment of arrear rentals in the sum of US$5 081.89, interest and costs of suit. More
Sometime in 2010 or thereabout applicant and first respondent entered into an oral lease agreement in terms of which first respondent leased a certain shop known as Bali Shoes No. 28, Angwa Street, Harare. Since then the applicant has been in undisturbed and peaceful possession, use and enjoyment of the said shop.The applicant avers that on Friday 22November 2013, and in violation of the provisions of s 24 of the Commercial Premises (Rent) Regulations, 1983, the first respondent has unlawfully and wrongfully prevented the applicant from possessing, using or occupying the said shop. She claimed that first respondent’s conduct was... More
The second and third defendants counter-claimed for the eviction of the plaintiff and all those occupying through her. They also claimed payment of the sum of $10 413 000-00 as holding over damages from the date of transfer of the property into their names up to August 2004 and further, holding over damages at the rate of $1 million per month from September 2004 to date of eviction. More
: The plaintiff’s claim is for payment to him by the defendants of the sum of $3 000-00 being damages for shock, pain and suffering, contumelia and unlawful detention suffered by the plaintiff at the hands of the defendants who are alleged to have been acting in concert with each other. The defendants were sued in their personal capacities. The plaintiff also claimed interest on the said sum of money at the prescribed rate from the date of summons to the date of full and final settlement, and cost of suit. More
