The dispute between the parties first appeared before me as a chamber application for a default judgment. The application was instituted by the first respondent who was then the applicant. The application was against the second respondent and the applicants who were the defendants in the main case.
The default judgment was premised on the second respondent not having entered appearance to defend. The application cites the second defendant and the applicants as respondents though the body of the application specifically states that “application for default judgment is hereby made against the first defendant only”. The second respondent is the... More
On 7 February 2001 the first applicant and the respondent entered into a lease agreement in terms of which the respondent leased to the first applicant certain premises known as the Boka Tobacco Auction Floors.
On 24 December 2010, in HC 9478/10, by the consent of all the parties herein, this court issued an order in terms of which the respondent herein was allowed reasonable access to the leased premises on the following conditions:
“1.1 The access shall be restricted to inspection of the premises and causing necessary repairs thereof.
1.2 The access shall be exercised upon reasonable written notice... More
The Applicants and the first respondent entered into a Joint Venture Agreement on 19 April 2019 for the purpose of conducting farming activities at Kwayedza Farm (crebilly), Zvimba District (the farm). The first Respondent is the holder of a 99 year lease in respect of the farm and Applicants were to be the financial and technical partners in the agreement. In furtherance of the joint venture agreement, Applicants brought a herd of cattle sheep onto the farm. The cattle are being kept on an open grazing basis and in excess of 200. More
The plaintiff sued the defendant for breach of contract. In its plea the defendant has raised an objection that the matter ought to be referred for arbitration as per agreement of the parties. That objection has been resisted by the plaintiff who also fights back that the objection was not raised procedurally. More
The applicant instituted the application in casu seeking an order that:
“1. It be and is hereby declared that no special grant or mining rights may be awarded to the first respondent, or anyone, by the second or third respondents or anyone acting in their stead, in respect of (the) property known as Subdivision 1 of Highway Estate in Makonde District of Mashonaland West Province, measuring approximately 65.60 hectares. More
