The applicant approached this court seeking an order in the following terms:
“1. The first, second respondents and any other directors, shareholders, officers, employees, security personnel and/or agents of the third, fourth and fifth respondents are ordered to refrain from conducting the third, fourth and fifth respondents’ affairs in a manner that is oppressive and unfairly prejudicial to the applicant’s interests and consequently are ordered to refrain from harassing or interfering with the Applicant directly or indirectly in his capacity as a member, shareholder and Managing Director of the first respondent.
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This urgent chamber application was placed before me on 15 August 2011. After perusing the papers, I endorsed thereon, on the same date:
“The papers do not establish how or when the urgency arose. The matter is not urgent”.
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This is an opposed application for the upholding of a special plea, raised as a plea in abatement to the plaintiff’s summons and declaration filed on 18 June 2020 in the case bearing the same case number.
The summarized facts are that, the plaintiff, issued summons commencing action for the recovery of the sum US850, 000.00 or its equivalent in Zimbabwean dollars at the prevailing inter-bank rate, which he had paid as security deposit in terms of a lease agreement entered with the defendant. Both parties are duly incorporated companies. It is common cause that the defendant is a Company...
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The plaintiff is claiming US$201 250 as commission for facilitating the sale of stand 1824 Ardbennie Township, interest on the said sum plus costs of suit. At the close of the plaintiff’s case the defendant applied for absolution from the instance.
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