This is a court application for summary judgment.
Applicants issued and served respondent with a summons commencing action on 2nd March 2017. Upon receipt of summons, respondent entered appearance to defend. It is applicant’s view that the appearance to defend has been done solely for purposes of delaying the inevitable as the respondent has no bona fide defence against the applicant’s claim for his eviction from the company house following the termination of his employment contract. More
The plaintiff issued summons against defendants claiming the following;
“(1) A declaratory order confirming the invalidity of the agreement of sale purportedly entered into by the 1st defendant and plaintiff and signed by the 2nd defendant purportedly on behalf of the plaintiff on the basis that the said agreement is fraudulent, unlawful and illegal in that the said agreement was designed to defraud the Zimbabwean fiscus and the plaintiff.. More
This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honorable Court why a final order should not be made on the following terms: -
i. That 1st respondent levies applicant in terms of the Tariff of Sheriff’s Fees and Charges.
ii. That the fee should be in terms of section 6(1)(a) of SI 195 of 2022 as read with section 6(1)(b)(ii) of the Statutory Instrument.
iii. Costs on a punitive scale against respondent jointly and severally. More
MAKONESE J: The applicant is the Executrix Dative of the late Memory Ngwenya who died on the 18th of July 2021. The late Memory Ngwenya was a prominent business woman owning various immovable properties in Bulawayo. A bitter struggle for the control of these properties and other business concerns has led to a flurry of cases being filed in this court. More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
