In this urgent chamber application the applicants seek a provisional order in the following terms:-
“TERMS OF THE FINAL ORDER SOUGHT
1. That the 1st to 7th respondents, their families, workers and/or agents are hereby ordered to restore to the first to third applicant companies and its workers to unhindered access, occupation and possession of the remainder of Weltevrede Estate also called Bhachi Farm (hereinafter called the farm) and specifically:- More
The applicants approached the court in chambers by way of urgent chamber application. Basing on the documents filed of record in particular the certificate of urgency the court set the matter down so as to be addressed. On the date of hearing the 29/3/12 the court was served with opposing documents by the respondent at almost time of hearing, for expedience the court requested both counsel for the applicant Mr Sakutukwa and Mr Chivore for the respondent to address the court on urgency and merits. It was clearly spelt out to the parties in the event that the Court made... More
Before the court is a mining dispute. The parties herein elected to progress their trial cause as a special case in terms of r 52 of the High Court Rules 2021.The agreed statement of facts recorded the following events; -
[ 2] The defendant sold to plaintiff, by agreement dated 11 October 2021, its rights and interest in a set of mining blocks for a total consideration of US$ 2,050,000. The blocks were registered under number 41356BM, 41357B, 41358BM and 41359M and located at a place described as Berryl-Rose in the Mfurudzi Safari Area of Shamva District. I shall refer... More
This is an application for rescission of a default judgment in terms of Rule 29(1)(a) of the High Court Rules, 2021 (the Rules). The application is opposed.
Rule 29(1)(a) of the Rules provides as follows;
“29(1) The court or a judge may, in addition to any other powers it or he or she may have, on its own initiative or upon the application of any affected party, correct, rescind or vary-
(a) an order or judgement erroneously sought or erroneously granted in the absence of any party affected thereby; or…” More
This is a court application in which the relief sought is the following declaratory order:
1.That the decision of the first respondent declaring forfeited to the State property belonging to the applicant, the property in question being four motor vehicles and their trailers, namely TRUCK HLH056FS (TRAILER TVH294GP); TRUCK HLH051FS (TRAILER FZ25WGGP); TRUCK HLH049FS (TRAILER VDW723GP) and TRUCK HJZ 717FS (TRAILER JF58CWGP), be and is hereby declared null and void and of no force or effect. AS CONSEQUENTIAL RELIEF, IT IS ORDERED:
2.That the decision of the first respondent declaring forfeited to the State property belonging to the applicant, the... More
