Plaintiff is suing the defendant for the recovery of US$7 541.41 which he alleges is made up of (a) a consultancy fee in the amount of US$2 500.00; (b) commission and (c) telephone bills arising from a verbal agreement which it states it entered into with the defendant company. The terms of the agreement as alleged by the plaintiff,were that the plaintiff would be paid a consultancy fee in the amount of US$3 125.00 and commission calculated at 10% for helping the defendant to set up and run a panel beating; sales and engineering shop at No. 14 Martin Drive,... More
This is an application for a stay of execution pending interpleader proceedings and possibly a rescission of judgment application. No interpleader proceedings have been commenced presumably because the claimant has not even brought the said claim to the attention of the deputy sheriff. More
The parties herein are wife and husband and both concede they have lost love and affection for each other and want a divorce. The plaintiff issued summons out of this court claiming a decree of divorce, custody of the minor children, maintenance and a division of the matrimonial assets. More
Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there is a long line of litigants who as they are entitled to, seek setting aside of awards in terms of Article 34 of the schedule to the Arbitration Act [Chapter 7:15] More
This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. On 26 February 2013 the parties appeared before me duly represented by their respective legal practitioners of record for the purpose of holding a pre-trial conference. That pre-trial conference was postponed sine die on specific conditions which were explained to all present. In brief the parties were to convene their own conference with a view to settle the matter. If they failed then they would have to set out those matters which would have been agreed and... More
