On the 10th September 2015 the plaintiff sued the defendant for among others:
1. Payment of the sum of US$203 355.88
2. Interest on the above amount at the rate of 22% per annum reckoned from the date each invoice became due and payable to date of payment in full.
3. Collection commission calculated in accordance with by-law 70 of the Law Society of Zimbabwe By-Laws, 1982; and
4. Costs of suit from the defendant on a legal practitioner and client scale. More
[1]This is an application for summary judgment made in terms of r30 of the High Court Rules, 2021. For consistency, I propose to refer to the parties as they are cited in the main action.
[2]On 14 February 2023, the plaintiff issued summons against the defendant claiming delivery of a motor vehicle, namely a Ford Ranger registration number AEF 7621 (‘the motor vehicle’), being a vehicle owned by the plaintiff and which, the plaintiff claimed, the defendant possesses without lawful cause. On 1 March 2023, the defendant filed a notice of entry of appearance to defend, followed by a plea... More
The background, relevant to the present proceedings, is that sometime in 2008 the applicants entered into a tribute agreement with the owner of Dodge Mine (the mine) the second respondent represented by the third respondent. The tribute agreement was to run for a period of 3 years. At the time the parties entered into the agreement, there was an understanding that the then tributor Morris Tendayi Nyakudya and Vambe Mills Pvt Ltd would vacate the mine in May 2008. They resisted vacating the mine. The applicants and the respondents then instituted proceedings against them. The dispute was resolved by Patel... More
Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
The applicant and the first respondent are brother and sister. The deceased was their sister. She died on 24 July 2004 at the age of 61. The deceased was single and did not have any children of her own. Following her death a will was duly filed with the master on 24 September 2004 and was duly accepted as the will of the deceased. The first respondent was appointed executor in accordance with the will. In terms of the will the first respondent was appointed the sole beneficiary of the deceased estate. The applicant has filed this application seeking an... More
