This ruling is made pursuant to a preliminary objection raised by the third respondent’s counsel at the commencement of oral submissions in this matter. The preliminary point was concerned with the propriety of filing the record of proceedings required in terms of r 62(5) of the High Court rules, 2021 (the rules), on the eve of the hearing of this matter. More
This is one case where both parties did not seriously consider presenting their evidence in a clear and logical manner. The duty for coherence in the presentation of pleadings and evidence before the court lies with the parties. The court has no duty to fill pot holes in the evidence of parties. More
The plaintiff company seeks the eviction of the defendant from 5 Windermere Road Strathaven in Harare (“the property”), holding over damages and costs of suit on a legal practitioner and client scale. More
The applicant was convicted of contravening s 6(1)(a) of the Road Traffic Act [Cap 13:11]. The trial magistrate found no special circumstances and sentenced the applicant to 6 months imprisonment. In addition the applicant was prohibited from driving all vehicles falling in the class of commuter omnibuses for life. More
The applicant’s case is that the parties entered into a sale agreement of Lot 80 of the remaining extent of Lydiate situate in the district of Hartley for a purchase price of USD$85 400. He said he paid the full purchase price ininstalments under the agreement otherwise styled as a lease agreement to purchase. On 26 May 2020 he received a letter from the respondent which purports to cancel the agreement. The applicant has brought an application seeking an order to declare the purported cancellation of the agreement by the respondent to be invalid, null and void. The applicant further... More
