It is crucial in this matter to begin with the opposite remarks of WESSELLS J in Whittaker v Ross & Anor1911 TPD 1092 at 1102-1103 that:-
“The object of the court is to do justice between the parties. It is not a game we are playing, in which, if some mistake is made, the forfeit is claimed. We are here for the purpose of seeing that we have a true account of what actually took place, and we are not going to give a decision upon what we know to be wrong facts.” More
The applicant is seeking a stay of execution of a judgment granted in default on 31 May 2010.
Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the writ of execution, notice of seizure as well as notice of removal give the second respondent’s address as stand number 20924 Unit ‘G’ extension Shopping Centre. More
A pre-trial conference is an integral component of proceedings which commence under Order 3 of the High Court Rules, 1971. It is at that conference that the parties to a case meet on their own or with the assistance of a judge to:
i. settle the case between them; or
ii.define issues and ancillary matters which the pre-trial conference judge refers to trial.
Rule 182 of the rules of this court is relevant. It makes provision for a pre-trial conference. It, in short, defines the rights and obligations of the parties to a case and the important role which a... More
The second applicant is a subsidiary of the first applicant. Both are companies with limited liability and are registered as such under the laws of Zimbabwe. They conduct business mainly in the supply of road construction materials and petroleum products. The first respondent is a duly incorporated company with limited liability under the laws of Zimbabwe and the second respondent is a director of the first respondent. He is cited herein as a surety and guarantor of the first respondent. More
Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016 seeking payment of the sum of $20 140.00 being rental arrears arising from the hire of a Plant Bell Grader in terms of a lease agreement dated the 8th of July 2015; interest at the prescribed rate of 2% per month, calculated from the 21st of October 2015 to date of full and final payment both dates inclusive and costs... More
