This is an application to compel the respondent to provide certain information pertaining to the review of the rentals in the lease agreement between the respondent and the lessor in the principal lease agreement. The draft order also seeks a declaration to the effect that the applicant is entitled to such information in terms of the contract of lease between it and the respondent and that a failure/refusal to provide the information constitutes a breach of the lease agreement. The alternative relief sought in the draft order is for a declaration that the failure/refusal to provide such information violates s... More
The plaintiff ordered an Isuzu KB 250 double cab motor vehicle from the defendant in June 2005. The defendant is a car dealer. The price quoted to the plaintiff for the motor vehicle was $850 000 000-00. The plaintiff paid that sum on 1 June 2005. On 27 June 2005 the defendant, through its managing director, acknowledged receipt of the money and undertook to deliver the motor vehicle within 21 (twenty-one) working days. The motor vehicle was to be imported from South Africa. At the expiry of the twenty-one days there was no delivery. The defendant requested an extension of... More
The plaintiff’s claim was for specific performance. In terms of a written agreement of sale on 1 February 2001 the plaintiff bought from the defendant Stand 644 Marimba Park Township, measuring 6820 m2(hereafter referred to as “the property”). The purchase price was $950 000. It was payable by a cash deposit of $450 000 and monthly instalments of $20 000 commencing on 28 February 2001. A bank account was provided into which the instalments would be deposited. The wording of the agreement of sale regarding instalment payments was as follows: More
The applicant seeks relief by way of a declaratur. The relief sought is captured in the draft order as follows:
“IT IS HEREBY ORDERED THAT;-
i) An order declaring Deed of Transfer 6618/03 dated 9th September 2003 registered in the name of Unitime Investments (Private) Limited as the holding deed for Stand 825 Bannockburn of Stand 1 Bannockburn.
ii) An order cancelling Deed of transfer 3678/03 registered in the name of 5th and 6th Respondent.
iii) An order cancelling the Deed of Transfer 3677/03 that had been registered in the name of 4th Respondent.
iv) In terms of paragraph (i)... More
The parties were married on 17 October 2005 in terms of the Marriage Act [Chapter 5:11] now [Chapter 5:17]. Five children were born of the marriage. Two of them are now majors. The minor children are Chikomborero (born 8 September 2008) (male), Rutendo (born 20 August 2015) (female) and Grace (born 26 December 2016) (female).
The parties are agreed that the marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a restoration of a normal marriage between them. Among other reasons the parties have been separated for over one year and lost love... More
