1. This is an application for the rescission of a default judgment granted by this Court on the 8th of June 2023 in Case No. HCHC 1992/22. The Applicants, viz. Mr. Tariq Aziz (the First Applicant) and Falcon Foods (Pvt) Ltd (the Second Applicant), seek an order setting aside the default judgment. They premise their application on the assertion that they were not served with the notice of set down for the Pre-Trial Conference (“PTC”), were unaware of the proceedings leading to their default, and that the judgment was “erroneously granted” in their absence. They further claim to possess a... More
As if in serious and desperate effort to get the attention of the court the two parties in these two cases filed cross urgent applications in this court on 14 October and 17 October 2013. More
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
