This is a combined application for condonation for late noting an application for rescission of a default judgment and an application for rescission of a default judgment in terms of r 27 of the High Court Rules, 2021. More
The plaintiff in this matter claims payment in the sum of $8,150,000.00 by way of damages sustained by her arising from an assault allegedly perpetrated by members of the Zimbabwe National Army on the 4th of June 2003 in Glenview, Harare. The plaintiff avers that the soldiers in question were at the relevant time acting within the course and scope of their employment and that the defendant is therefore vicariously liable for their actions. More
The plaintiff’s claim in this matter, as amended, is for damages in the sum of $2.5 billion as the current market value of the immovable property that was sold to the plaintiff through the defendant. In the alternative, she claims repayment of the purchase price of $220 million paid to the defendant together with interest at varying rates. The defendant denies liability in respect of both main and alternative claims. More
: This is a court application for review made in terms of s 26 of the High Court Act, [Chapter 7:06] as read with Order 33 of the high Court Rules. 1971. The grounds for review are given as follows:
1. “The learned magistrate grossly erred at law and in fact in concluding that the default was wilful when the applicant was in court just after the default was passed. That the applicant saw that first respondent still at court.
2. The learned magistrate grossly erred in failing to treat this matter with fairness and the applicant was in wilful... More
The parties married on 13 December 1992 in terms of the Marriage Act [Cap 5:11]. Two children were born of the marriage, Diana Musonza (born 24 March 1993) and Tafadzwa Musonza (born 24 January 2000). The parties resided at number 3 Dunmore Avenue Queensdale. The marriage was an unhappy one filled with physical and emotional abuse. The plaintiff left home on numerous occasions but always returned in the hope that the marriage would work. In October 2006 however things came to a head and plaintiff decided that she had had enough. The plaintiff moved out of the matrimonial home and... More
