The factual background to this matter is that a default judgment was granted against the applicants in 2005. That order was to the effect that the now appellants be evicted from Pumula Farm in Urungwe, Karoi. A warrant of ejectment and execution against property was then obtained in 2020 prompting the appellants to file the application for condonation of late filing of an application for rescission of judgment as they were way out of time in seeking a setting aside of the default order. The court a quo found that the delay was inordinate, there was no reasonable explanation for... More
The plaintiff instituted proceedings against the defendant wherein he claimed the following:- a decree of divorce, and as ancillary relief thereto, custody of the two minor children of the union and an equitable distribution of the assets which constituted the matrimonial estate. When the matter was brought before a judge in chambers for a pre-trial conference the parties made some accommodation on some of the contentious issues to the dispute. The question of the custody of the minor children and their upkeep was resolved between the parties. They also shared out the matrimonial estate which consisted of both movable and... More
This is an urgent chamber application in which the relief sought is that the respondent be interdicted from filling the applicant’s position of Chief Executive Officer pending the determination of another court application filed under case number HC11003-16 between the same parties. The final order sought was amended at the hearing of the matter to be one for costs of suit. The applicant is a male adult who describes himself as having been in the respondent’s employ for ‘many decades’ in terms of a contract of employment entered into between himself and the respondent, a company incorporated in terms of... More
On the 17th of November, 2022, I granted an ex tempore judgment in in this contested application for review, in favor of the applicants after hearing arguments from the parties. These are the reasons for judgement following a request by the respondents through the Registrar of the High court. An unopposed application for the condonation of late filing of heads and upliftment of bar by the respondents was successfully granted by this court. More
