When submissions were made by both counsels on the preliminary points raised by the first Respondent, The Applicant’s counsel expressed the view that I probably had not followed the gist of the Applicant’s position. I want to assure counsel that I was quite alive to the submissions he made that in his perception the judgment debtor does not exist having lost its identity after the dissolution of TH Zimbabwe (Private) Limited in 2002, Hastt Incorporation (Zimbabwe) (Pvt) Limited, BMA Fasteners (Private) Limited & Tube and Pipe Industries (Private) Limited. It was on the ashes of these companies that the Applicant... More
This is an application for summary judgment.In particular, the draft order reads as follows:
“1. Application for summary judgment be and is hereby granted.
2. Respondent be and is hereby ordered to pay a
+pplicant the sum of US$200 000.00 together with interest thereon at the prescribed rate from 1 February 2020 to date of payment in full.
3. Costs of suit on legal practitionerand client scale.” More
Applicant (“Stella Mundi”) approached the court on an urgent basis praying for a declaratur. The relief essentially seeks a stay of execution of an original order granted by this court under case number HCHC 321/24. More
The applicant was arraigned before the first respondent on 8 August 2023 on charge on Frand as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant pleaded not guilty and the matter proceeded to trial with the second respondent leading its evidence in a bid to prove its case. There after the second respondent closed its case and the applicant proceeded to apply for discharge in terms of s 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07] (The Act). The application was opposed by the second respondent. The first respondent made a... More
