At the initial hearing of this matter Mr Madzvamuse applied for a postponement of this matter to enable the finalization of an application for joinder filed under HCH 1110/24. The court granted that application and this resulted in the joinder of 554 other applicants to a matter wherein there were initially 300 applicants. More
The defendant was in default at the scheduled pre-trial conference held on 10 March, 2020. The Deputy Sheriff’s return of service of the notice of set down on the defendant of pre-trial conference was filed of record on 4 March, 2020. The return of service is advice No. 180686. It shows that service of the notice of set down was effected on 4 March 2020 at the offices of Mutandiro Chitsanga and Chitima legal practitioners for the defendant at 13:58 hours on Sheila Danda who accepted service thereof. The service address was 3 St Quintin Avenue, Eastlea, Harare. The pre-trial... More
[1] The first applicant is a registered owner of certain mining claims in Chakari Kadoma. On 13 February 2024 the first applicant entered into a tribute agreement relating to those mining claims with the second applicant. The tribute agreement was registered on 15 March 2024. The second applicant subsequently entered into a mining agreement with the third applicant on 21 June 2024. More
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
