This is an application for the joinder of the first respondent as a third party in Case No. HC 12970/12. The application was instituted in terms of Order 14 Rule 93 of the Rules of this Court. The application is opposed by the first respondent. After hearing argument from counsel I granted the relief sought with some amendments to the draft order and gave brief reasons. I indicated to the parties that my full written reasons would be given upon the request of either party. The first respondent has written a letter requesting to be furnished with the written reasons... More
The plaintiff in this case seeks the delivery of two new Toyota Hilux IMV motor vehicles in terms of an agreement of sale between the parties. In the alternative, it claims damages for breach of contract based on the current market value of the vehicles in the sum of US$107,825.15. The defendant denies having entered into any agreement of sale and avers that the plaintiff engaged the defendant as its agent in sourcing the vehicles from third party suppliers. More
The plaintiff’s declaration reads:-
“1. The plaintiff’s claim is for payment of the balance owing in respect of a running account for various transactions.
2. On or about 07 November 2008, Mr Nhemachena who was the financial
advisor of the defendant drew up two reconciliation (sic) which are
annexed hereto marked “A” and “B”.
3. That the reconciliations so prepared were agreed between the plaintiff and the defendant.
4. In respect of annexure “A” the balance of $32 074.13 was reduced by a
payment of $8 000.00 and in respect of annexure “B” the amount of $30
360.26 was reduced... More
On 14 July 2022, I delivered an ex tempore judgment to the effect that the present application be removed from the roll in order to pave way for the finalisation of the constitutional matter filed before the Constitutional Court under CCZ12/22. The applicant subsequently requested the reasons for the judgment. Consequently, this judgment seeks to advance the reasons therefor. More
This application is for an order under the rei vindicatio remedy to recover possession and control of property. Put differently, the applicant seeks respondent’s eviction from the property known as THE REMAINDER of SUBDIVISION C OF LOT 6 OF LOTS 190, 191, 193,194 AND 195 HIGHLANDS ESTATE OF WELMOED also known as 41 RIDGEWAY NORTH HIGHLANDS, HARARE “the property. More
