This urgent chamber application was referred to me on 10 May 2010. On the same date after perusing the papers I endorsed on it that the matter was not urgent. On 11 May 2010 the applicant’s legal practitioners wrote to the Registrar seeking an opportunity to argue the urgency of the matter before the judge. Their letter was received by the Registrar on 12 May and brought to my attention on 13 May. I therefore directed that the matter be set down for 17 May at 10.00am. More
The municipality of the City of Harare is the lawful owner of certain piece of immovable property known as House No. 4 Hampshire Road, Eastlea, Harare. Sometime in September 1993 it entered into a written lease agreement with one Soul Kenneth Manyasha the defendant under case number 3174/08 and the plaintiff under case number HC 6675/08. More
The applicant is seeking a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The application was prompted by a dispute arising from an amendment to the Dadaya Mission Trust Deed and the appointment of the second to fifth respondents as trustees.
From the onset, Mr Chidyausiku took the preliminary point that the first respondent is barred on account of filing heads of argument beyond the prescribed period. He moved that judgment be granted on an unopposed basis. The first respondent’s heads of argument were filed on 28 August 2018 despite having been served with... More
The debate over what came first, the chicken or the egg has never been resolved to finality. In casu, however, the question of what is in a chicken has a one- word answer to the plaintiff and the defendant - ‘everything’. Even more intriguing is the use of the word ‘luv’ by both of them in their registered trademarks. More
In this application, the applicant attached in execution certain movable goods listed in annexure B to the application. The goods were attached for execution to satisfy a judgment of this court in the case Tian Ze Tobacco Company (Pvt) Ltd vLawrence Katsiru Case No. HC 2100/14. The two parties are the judgment creditor and debtor respectively. In terms thereof the judgment creditor caused the issue of a writ of execution to recover an amount in excess of $224 003-16 and execution costs. More
