The parties to this dispute can loosely be described as “business partners” in a joint mining venture. In a contract whose interpretation now forms the subject matter of the dispute, the applicant appears and have agreed to permit the respondent to "work" on three of its mining claims in return for certain sums of money as consideration. I deliberately used the word“appear” for the simple reason that the parties are now bitterly divided over the meaning and import of the terms of the contract and ultimately its validity. More
At the end of the hearing of this appeal we gave an ex tempore judgment wherein we dismissed the appeal with costs. We have now been requested to issue full reasons for the said judgment.
Here are our reasons. The respondent instituted proceedings in the Magistrates Court to evict the respondents from Tokwe Grange Farm.
According to the founding affidavit the respondent avers as follows:
He is the owner of Tokwe Grange Farm, Masvingo (hereinafter called the farm). He bought it from Tokwe Grange Commercial Centre in 1996. Thereafter he was handed over the title deeds for the same farm.... More
This matter came before me on the Unopposed Roll. I requested for heads of argument after raising issues with regard to the applicant’s locus standi in the matter. The supplementary heads of argument were indeed filed. More
On 12 April 2019 after hearing counsel I delivered an ex tempore judgement and granted the following order;
“IT IS ORDERED THAT :-
1. The appeal be and is hereby upheld.
2. The appellant is admitted to bail pending trial on the following conditions;
a) That the appellant shall deposit the sum of $500.00 RTGS with the Clerk of Court at Chipinge Magistrates Court.
b) That the appellant shall continue to reside at No. 95 Mcnaughton, Southerton, Harare until this matter is finalised.
c) That the appellant shall report at Southerton Police Station every Friday between 0600 hrs and 1800... More
