On the 17th of October 2022, I dismissed this application ex tempore with costs on the ordinary scale. I have been requested to give reasons and these are they. More
This is an application for cancellation of a lease agreement entered into between applicant and respondents, in respect of stand 279 Woodlands, Uplands, Waterfalls, Harare. Applicants also sought the eviction of the respondents from the above property. Applicants claimed for arrear rentals in the sum of $28 700.00 and holding over damages in the sum of $700 per month from the date of summons to the date of eviction. Applicants alleged nonpayment of rentals as the basis for cancellation More
This is a claim by the plaintiff against the defendant for ZAR 17 353-00 for the repair between 19 and 30 December 2008 of two fuel pumps. The plaintiff also seeks interest at the prescribed rate from 27 January 2010 to the date of payment in full. In the pleadings the plaintiff sought costs on the ordinary scale but in his oral submissions Mr Morris, for the plaintiff, applied for punitive costs. The defendant disputed the entire debt. More
This court is generally reluctant to interfere with unterminated proceedings in the inferior courts. However, as shall be demonstrated in this case, certain exceptions warrant the intervention of this court guided by the interests of justice principle. The applicant approached this court seeking the review of the decision of the first respondent. The first respondent dismissed the application for discharge at the close of the State case which was lodged by the applicant. More precisely, the applicant prays for the following relief:
“1. The decision of the first respondent dismissing the applicant’s Application for Discharge at the Close of The... More
The parties herein were formerly husband and wife. Two minor children were born from the union, namely Anthony Christie Pissas (born 8th March 1994) and Dean Alexander Pissas (born 13th October 1995). On 2 November 2006 this Honourable Court granted a decree of divorce in favour of the respondent herein. The respondent was awarded custody of the minor children. Prior to the decree of divorce being granted the parties had entered into a Consent Paper in terms of which other ancillary relief was provided for. More
