This is an application which is being made in terms of s 34 (2) (b) (ii) of the Arbitration Act [Chapter 7:15] to set aside an arbitral award which was granted by the arbitrator David A Whatman the second respondent in this matter. The arbitral award was granted in favour of the first respondent, the City of Harare against the applicant on 4 December 2017. The applicant’s claim arose from a shareholder’s agreement the parties signed in September 2007. Over the years the parties were involved in various disputes resulting in the applicant referring one of the disputes to arbitration.... More
This is an appeal against the judgment of the Goromonzi Magistrate Court delivered on 4 June 2010. The appellants appeal against the entire judgment in which the order sought by the appellants in the court a quo was not granted. More
The reason behind these unusual circumstances was caused by a major dispute between applicant and its second set of legal practitioners. Basing on the withdrawals and tendering of wasted costs by applicant second to fifth respondents raised a bill of costs for taxation. There were a number of postponements to the hearing for the taxation of the bill of costs leading to the hearing on 25 June 2024. At the taxation, applicant was legally represented. It was clarified that the bill of costs was predicated upon the tendered wasted costs when heads of argument and notice of opposition were withdrawn... More
[1]This is an opposed composite chamber application for condonation for late filing of a notice of opposition and heads of argument, upliftment of automatic bar and reinstatement of withdrawn pleadings.
[2]The applicant and the first to fourth respondents are either owners or have interests in properties situated in a close known as Augustus Close situated in Mt Pleasant, Harare. A spat between the neighbours following the applicant’s decision to construct a boarding house for students accommodation at one of the properties, namely stand 531 Mt Pleasant Township, commonly known as 5 Augustus Close, has generated a series of litigation in... More
The applicant, Auriga Mineral Exploration (Pvt) Ltd, a holder of an Exclusive Prospecting Order Number 1806 (EPO 1806) which it says was issued in 2021 for a three-year period has brought this urgent application for an interdict. The basis is that the first respondent Korzim Strategic Minerals (Pvt) Ltd, has dangerously mined across a road by constructing a tunnel underneath it on the Shamva–Nyagande Road. The Applicant says it detected mining activities in its prospecting area on the 3rd of November 2023 through satellite images and went on an investigative mission to the site. It found dangerous workings on site... More
