The plaintiff is a registered commercial bank. On 15 October 2003 it issued summons against the defendant. On 1 March 2004 the defendant excepted to the summons and declaration. The exception was upheld by this court on 31 January 2005. It was granted in default. As a result of the order granted therein the plaintiff filed an amended declaration on 18 February 2005. The defendant then sought further particulars on the amended declaration which particulars were filed on 18 May 2005. On 15 June 2005 the defendant filed an exception to the amended declaration. On 21 July 2005 the plaintiff... More
Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that:
“The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.”
The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More
This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro Township of Willowvale Estate held under Deed of Transfer 2686/98, pending finalization of applicant’s suit against the first respondent under Case Number HC 3320/17. The basis of the application is that the first respondent is a former employee of the applicant. He was employed as the Chief Teller at applicant’s Minerva Banking Suite. As part of his day to day... More
On 10 March 2010 the plaintiff issued summons against the defendant praying for the following relief:
“(a) Payment of the amount of USD80 421-84
(b) Interest thereon at he rate of 9.07% per annum
(c) Costs of suit”. More
The applicant applies for summary judgment against the respondent in the sum of US$26 127.56 with interest at 25.8% per annum from 7 February 2014 to the date of full payment. More
