: This judgement is rendered pursuant to an application for absolution from the instance made by the defendant at the close of the plaintiff’s case in terms of rule 56 (6) of the High Court rules, 2021 (the Rules). The plaintiff is the father and natural guardian of Rebecca Nezuru Conlon (hereafter referred to as Rebecca or the child). The plaintiff issued summons against the defendant for the payment of the sum of USD$ 6 370 000 (six million Three Hundred and Seventy Thousand United states dollars) being damages arising from injuries sustained by Rebbecca (a minor at the material... More
There have been long running legal battles between the applicants on one side and the 2nd respondent on the other over occupation of the farm. The background to the battles is that the applicants were the owners of Fangudu Farm in the Umtali District. The farm was acquired by the state in 2005. Subsequent to the acquisition, the 2nd respondent was issued by the Minister of Land and Rural Resettlement with an offer letter dated 11 July 2006 to occupy the land and he proceeded to do so. More
The applicants seek a declaratory order in this matter in the following terms as appears at p 53 of the record as follows:
1. That it be and is hereby declared that the stay of execution of Honourable Mr Justice T KARWI’s provisional order under case number HC 6541/09 obtained by the third respondent as the applicant under case number HC 128/2010 (HH 16-2010) has lapsed for want of prosecution of an application for rescission of judgment within the time limits ordered and directed by Honourable Justice MUSAKWA under case number HC 128/2010 (HH 16-2010).
2. That it be and... More
In terms of an amended summons and declaration filed with the Registrar of this Honourable Court on 17 December 2004, the plaintiff claimed the following amounts from the defendant:
a) payment of the sum of $28 445 150.00
b) payment of the sum of $123 647 760 068.00 as on (sic) the 31st October 2004, and further sums of money reckoned from 1st November 2004, computed on the basis of a return on investment on the said sum of $123 647 760 068 on financial instruments with the Zimbabwe Development Bank maturing every (7) days, until payment in full.
c)... More
After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. The applicants have requested reasons for judgment. These are they. More
