This is a court application for the placement of the first respondent under corporate rescue proceedings in terms of s 121 as read with ss 124 and 131 of the Insolvency Act [Chapter 6:07]. The application is opposed by the first respondent. More
This matter was referred to trial as a stated case. The statement of agreed facts reads:
“1. Plaintiff entered into a written lease agreement on or about December 2009 with a company called Eric Rosen (Pvt) Ltd t/a Motor Action, in terms of which plaintiff leased to the former its premises known as 65 Harare Street, Harare More
This is an application for recusal. By agreement the determination is on the papers. The applicant is the defendant in an action for damages for defamation under the case reference number HC 9390-18. The respondent is the plaintiff. More
the applicant’s legal practitioners wrote to the registrar of this court. They requested written reasons for my decision. These are they:
The applicant premised its application on a lease which it claimed it signed with the third respondent. The lease, it alleged, was to endure from 17 July 2019 to 31 June 2024. It stated that it leased Duncombe Fuel Filling Station (“the property”) from the third respondent. The lease excluded the Bulk Fuel Reservoir, according to it. It moved me to:
(i) declare it to be the lawful lessee and occupier of the property;
(ii) interdict the first and... More
At the center of the dispute of the parties is Stand 262, Muzarabani Growth Point (“the property”). It is in Muzarabani which is under Mashonaland Central Province. The late Pascale (“Pascale”) Shambi Nyamukondiwa is its owner. He leased it to the applicant in May, 2001. The lease was to endure for twenty-five consecutive years. Its operation was with effect from 1 June, 2001. Its terms which are relevant to the circumstances of this application are that:
a) the property would be used for erecting and operating a fuel retail outlet;
b) the lessee would develop the property for its intended... More
