The present dispute is an off-shoot of the main matter between the parties and comes as a result of the judgement I delivered in Eric Murowa v Mabaya & Sons Transport & General Contractors CC & Another HMA 61-22. The following background facts suffice by way of recap. The plaintiff instituted a claim for the recovery of the sum of ZAR 1 830 272 in delictual damages arising from injuries he sustained in a motor vehicle collision. More
The applicant filed an urgent chamber application for attachment of property to confirm jurisdiction. I granted the order on 29 October 2021.
The first respondent has anticipated the return date and seeks that the provisional order granted on 29 October 2021 be discharged with costs on an attorney client scale.
The application for attachment of property to confirm jurisdiction is based on the following basis extracted from the founding affidavit of applicant.
The applicant is employed by MB Transport as a driver. On 20 November 2020 at the 220 kilometer peg along the Masvingo Beitbridge Road second respondent who was... More
On 29 September 2020 I made a default order after giving an extempore judgment. The first respondent has requested for full reasons why the order was granted. The matter came before me on the opposed role. The applicant is a sergeant in Zimbabwe Republicpolice based at Ngundu police station. He avers as follows in his founding affidavit: On 15 April 2020 1st respondent issued a radio directing the Dispol Masvingo West to institute disciplinary proceedings against him and another workmate. On the same date another radio was issued by first respondent effectively transferring applicant to MashokoPolice Station. On 16 April... More
In this Urgent Chamber Application the applicant sought the following order,
“1. The Respondent and all persons claiming occupation, rights, tittle and interests through him shall remove or cause the removal of themselves and all such persons occupying the portion of Plot 13 of Sale Camp Farm purportedly identified as Stand 13 B of Sale Camp Farm.
2. Failing such removal the Sheriff of High Court be and is hereby authorised and directed to evict the Respondent and all persons claiming occupation, right; title and interests through him.
3. The Respondent and all persons claiming occupation right, tittle and interests... More
The seventeen applicants had been members of the police force of different ranks until their discharge at different times for various misdemeanours. Through the law firm of Mugiya & Macharaga they each applied to this court, on separate processes and on different dates,to challenge their discharge and seek reinstatement. One group brought review applications. Another sought declaratory orders. The two counsel, in consultation with the Registrar of this court, agreed that the circumstances of the applicants’ discharge, the nature of their complaints before the court and the remedies sought, were substantially the same. As such,counsel arranged to have all the... More
