The applicant is seeking an interdict against the first respondent pending an application for spoliation order mounted before the High Court under Case Number HC 3437/22. The application for a spoliation order under Case No. HC 3437/22 was set to be heard on 29 July 2022 before WAMAMBOJ, to which it was postponed to 7th day of September 2022 after counsel for the first respondent had called in sick and that he was unable to attend to the hearing. The facts in the present application are materially the same with those in the founding affidavit of the application for a... More
The Biblical saying which reads “Render to Caesar what belongs to Caesar and to God what belongs to God” aptly captures the circumstances of the parties to this application. The applicant, a legal entity which is into the manufacturing and distribution of performance mining chemicals, mining plant and equipment in the African mining market is owed an accumulated Value Added Tax (“VAT”) refund of ZWL 502 289.23 by the respondent which is the tax collector for Government. It, in turn, owes the respondent a total VAT liability of USD 49157.62. The accumulated tax refund and the tax liability are respectively... More
The plaintiff in this matter instituted summons for provisional sentence against the defendant for the sum of USD $537 556.00, together with interest at the rate of 5% per cent per annum from March 31 2022. The background of this case will help put the law into perspective. The plaintiff and defendant entered into an oral agreement whilst in the United Kingdom. The agreement was for construction of a farmhouse, church building and hospital. A total amount of US$995 380.65 was advanced to effect the construction. In addition, the parties signed and Memorandum of Agreement hereinafter referred to as the... More
This urgent chamber application stems from a seemingly unending dispute. I remark so because from the papers before me, the acrimony between the parties has been on-going for a few years now. More
The plaintiff and the defendant were married in Harare in February 1982. There are no children to the marriage. The parties have realized that they no longer have love and affection for each other and that their relationship has broken down and cannot be retrieved. They came to this joint conclusion at a pre-trial conference that was held after the plaintiff had issued summons for divorce in January 2006. At the same pre-trial conference, the parties also agreed on how to share the movable assets of their joint estate in the event that the court agreed with them that their... More
