The application before me is for confirmation of a final order following the granting of a provisional order which was as follows:
1. The first respondent be and is hereby interdicted from disposing of Stand 655 Borrowdale Brooke Township of Stand 137 Borrowdale Brooke measuring 4428 square metres with title currently registered under Deed of Transfer No. 6402/2003 pending the finalisation of this application. More
On the 27th May 2014 the plaintiff issued summons out of this court seeking a sharing of immovable and movable properties she alleged were acquired during the subsistence of an unregistered customary law union with the defendant. More
This is an application for an order setting aside respondent’s decision that applicant pays duty in the sum of US$16 335.60 plus ZWL 349 488.03 for missing cases of castle lite beer, lost as a result of an accident.
Briefly, the factual background of this matter is that, applicant, a clearing company, was engaged by a Zambian company to clear a consignment of liquor that was passing through Zimbabwe from South Africa. On 31 July 2021 applicant cleared the consignment.
On 3 August 2021 at around 18:30 hours and at 312km peg along the Harare – Chirundu road, the truck... More
The first respondent applied for an interdict under HCH 3126/23 and obtained a default judgment on 4 July 2024. The applicant became aware of the default judgement on 20 July 2024. He has filed this application and another one for rescission of the default judgement under HCH 332/24
The applicant prayed for the order to be stayed pending determination of the rescission appreciation.
The application is opposed by the first respondent who raise two permits in limine namely that the application is not urgent and that it has been overtaken by events. In respect of urgency, I agree with the... More
Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where he sues under an incorrect or inapplicable branch or sub-branch of the law and his attention is drawn to the wrong law which he has applied in the suit, he is better advised to re-consider his case than otherwise and, if what has been drawn to his attention has merit, he should withdraw the suit and re-file it under the... More
