On 6 October 2022, an appeal against the judgment of the Magistrates Court sitting at Harare, handed down on 22 June, 2022, under case number 1349/22 was upheld with costs. Reasons for the decision have been requested. These are they. More
On 11 February 2010 the plaintiffs herein issued out summons against the four defendants for payment of the sum of US$48 518-50 jointly and severally, the one paying the others to be absolved, interest on the said sum and costs of suit. Only the first and the third defendants entered appearance to defend. The first defendant then filed an exception to the summons and declaration after requesting and being furnished with further particulars. The third defendant has not filed any further pleadings. More
This is an application for absolution of the first defendant from the instance, at the close of the plaintiff’s case. The matter was originally heard as an opposed Court Application. It was then referred to trial, the court having then found that there was a dispute of fact which could not be resolved on the papers without oral evidence being presented to the court. More
The applicant seeks payment of US$ 121 115-00 together with interest at the rate of 20% per annum from 1 July 2011 to the date of full payment, costs on the scale of legal practitioner and client and collection commission to the extent permitted by the Law Society of Zimbabwe by-laws. Its cause of action is based on the acknowledgement of debt and payment arrangement signed by the defendant and witnessed by Richard Kavaza, the applicant’s credit controller on 1 July 2011. The application was filed on 26 August 2011. More
: This matter was brought before me as an urgent application on 07 and 16 May 2013.
After hearing arguments on the matter I concluded that the urgency of the matter had not been fully established and I therefore declined to treat the matter as urgent and ordered the applicant to pay costs. More
