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
This is an application for rescission of a default judgment in terms of Rule 29(1)(a) of the High Court Rules, 2021 (the Rules). The application is opposed.
Rule 29(1)(a) of the Rules provides as follows;
“29(1) The court or a judge may, in addition to any other powers it or he or she may have, on its own initiative or upon the application of any affected party, correct, rescind or vary-
(a) an order or judgement erroneously sought or erroneously granted in the absence of any party affected thereby; or…” More
This is a court application in which the relief sought is the following declaratory order:
1.That the decision of the first respondent declaring forfeited to the State property belonging to the applicant, the property in question being four motor vehicles and their trailers, namely TRUCK HLH056FS (TRAILER TVH294GP); TRUCK HLH051FS (TRAILER FZ25WGGP); TRUCK HLH049FS (TRAILER VDW723GP) and TRUCK HJZ 717FS (TRAILER JF58CWGP), be and is hereby declared null and void and of no force or effect. AS CONSEQUENTIAL RELIEF, IT IS ORDERED:
2.That the decision of the first respondent declaring forfeited to the State property belonging to the applicant, the... More
TheApplicantshave approached this court on an urgent basis in terms of Rule 59(6) of the High Court Rules, 2021 seeking the relief of a declaratory order in terms of Section 14 of the High Court Act [Chapter7:06]. In particular, the applicants pray for the following relief:
“1. The Application for a declaratur be and is hereby granted.
2. That the amendment of Section 5.1 of the firstrespondents does not require that representatives of the Council appointed in December 2020 to be removed from their appointments before the end of their term of office.
3. The appointments by first to eighthrespondent... More
