The first and third respondents are business partners. Some time ago, the date has not been specified, the two agreed to enter into a joint venture involving gold mining in the country. The first respondent a foreign national then joined forces with the third respondent and others culminating in the formation of the second respondent and its subsequent incorporation as a limited liability company. There is some dispute as to whether or not the third respondent is a director in the second respondent, but in my view that dispute is not pertinent for the resolution of this application. At any... More
In the application before me, the applicant seeks specific performance of an employment contract. The background facts are not heavily disputed, hence, I will highlight them in brief. The applicant was employed by the respondent as corporate Secretary until the 31 March 2020, when his contract was terminated on notice. In terms of the agreement (hereinafter called “the 2015 contract”), the applicant was employed for a fixed period of four (4) years. The contract gave him a number of benefits specified in clause 10, which I now summarize below: More
The applicant and respondent conducted a relationship. As a result, two children were born. The applicant avers that he was customarily married to the respondent, who is his common law wife’s sister. Pursuant to their customary law marriage, he had secured for his young family a house in a low density suburb in Harare, a short distance from where he lived with his other family. The respondent disputes that she was his customary law wife. She avers that he bought the house so that she together with the children, enjoy a comfortable standard of living. It was a settlement to... More
This is an application for rescission of two default judgments granted in favour of the respondent in case numbers HC11700/16 and HC 11701/16 respectively on 24 April, 2017 against the applicants jointly and severally the one paying the other to be absolved for payment of the sums of US$1 232 672 and US$2 070 908.03. The judgments ordered payment of interest and costs on the amounts of the judgment. Further, in case number HC 11700/16 an immovable property called stand 896 Glen Lorne Township of 23 Lot BC Kambanyi held under Deed of Transfer number 492/2009 by one Rodney Ndangariro... More
This is a dispute concerning the sale and transfer of a flat in Josiah Chinamano Avenue, Harare. The applicant has been the sitting tenant of the flat for many years. The 1st respondent purchased the flat from one Chiwara in July 2009 and acquired its ownership shares from the 2nd respondent in January 2010. He sought vacant possession but this was refused by the applicant. He eventually obtained an ejectment certificate which was registered with the Magistrates Court in August 2011. This registration is the subject of an appeal by the applicant lodged in September 2011 and pending before this... More
