This is a chamber application in which the applicant seeks relief in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court, if any, why a final order should not be made in the following terms:
1. The provisional order herein be and is hereby confirmed.
2. The respondent, its employees and all those claiming occupation of the boundaries falling within applicant’s claim number 26736BM be and are hereby ordered to vacate from the boundaries of the claim within five (5) days of this order.
3. In the event of the respondent failing to... More
This judgment is a consolidated one for the matters HC 13/21 and HC 3203/21 following consolidation of the two matters by consent of the parties. In this judgment, I refer to the parties as cited in case HC 13/21. More
The applicant approached this court seeking the confirmation of the provisional order. More particularly, the relief sought by the applicant is expressed in the following way:
“1. The interim order granted by this Honourable Court on the 26th of March 2022, per Ms Mungwari J, be and is hereby confirmed.
2. The writ of execution issued by the 2nd Respondent in HC3203/21, dated 16th February 2022, be and is hereby set aside.
3. The 3rd Respondent’s execution of the writ of execution issued by the 2nd Respondent dated 16th February 2022, be and is hereby set aside.
4. The 1st... More
D. Mupwanyiwa The plaintiff issued summons against the defendant on 2 March 2011. In its declaration, the plaintiff averred that the parties entered into a swop agreement in 2009, in terms of which the plaintiff surrendered to the defendant a Mazda B22 vehicle, registration number AAH 5588, and the defendant undertook to use the parts of its Nissan SE vehicle to reconstruct the plaintiff’s Nissan SE motor vehicle registration number AAH 5587. More
The applicant in the case seemed to have employed Winston Churchill’s philosophy that when you have an important point to make, you do not try to be subtle. Instead, you must use a pile driver to hit the point home. You then return to hit it again with a tremendous whack. The applicant took no prisoners in challenging the respondents’ decision on the grounds of gross unreasonableness, irrationality and absence of reasons. In the midst of it, the interpretation of what in the automotive industry is meant by the term semi knocked down kits, is where the dispute between the... More
