This is an application for rescission of judgment. After hearing argument, I dismissed the application with costs on a legal practitioner and client scale. The applicants have requested written reasons for the decision. These are they.
[2] The facts of this matter are that the order sought to be rescinded was granted on 1 February 2023. The deponent to the founding affidavit in support of the application is Mr Machingauta. The deponent avers that he is counsel of the applicants, i.e., respondents in HC 2551/20 the main matter. He depones that he misdiarized the set down date in the main... 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
