Plaintiff issued summons against the defendantsclaiming payment of €9 270 as fees due under a consulting contract, interest thereon at the prescribed rate, collection commission and costs on the legal practitioner and client scale. More
This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The relief sought is that:
1. Judgment in case HC 1805/12 entered against applicant on 28 March 2012 be and is hereby rescinded.
2. Applicant is granted leave to supply further particulars requested by first and second respondents under case HC 11517/11 within five (5) days of the date of the granting of this order.
3. First and second respondents pay costs of suit on a legal practitioner client scale if opposed to the application. More
The material facts of this matter are to a large extent common cause. The parties however led evidence and I shall summarize this in due course.
It is common cause that the parties concluded a written agreement of lease in respect of Willowvale Service Station in Harare on 8 March 2006. Prior to that, the parties had concluded a similar agreement or similar agreements in respects of the same premises as the legal relationship between the parties commenced in or about 2000. More
The applicant, a retired accountant approached the court seeking the following relief against the respondents.
“IT IS ORDERED THAT
1. 1st Respondent, shall pay to the Applicant the sum of USD$72 232.87 plus interest at the same calculated at the rate of 5% per annum with effect from the 1st of November 2018, and alternatively
2. That the 1st Respondent shall pay the Applicant the sum of USD$72 232.87 or its equivalency in local currency calculated at the local exchange rate as defined by the Dutch auction system plus interest at the legal rate on the above amount calculated from... More
The appellant appeared before a Magistrates’ Court sitting at Bindura charged with the offence of contravening section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] – aggravated indecent assault (5 counts). More