MOYO J: This matter started off as a court application but was at some stage referred to trial. The plaintiff seeks an order couched in the following manner:-
“1. The applicant be and is hereby declared the rightful owner of a property known as 3 Cathness Hillside Bulawayo.
2. That pursuant to the above 1st and 2nd respondents sign all the necessary transfer papers within 7 days of the granting of this order so as to effect transfer into the names of the applicant.
3. Failure by the 1st and 2nd respondents to sign the necessary transfer papers the Sheriff... More
3. This application will be better understood against the background that follows. On the 16 July 2014 in case number HC 1043/14 Shonhiwa obtained an order in the sum of US$51 000.00 against the second applicant (Blessing Zibowa). Paragraph two of the order declared that Stand number 50 Southway Road, Burnside, Bulawayo (property) be specially executable by private treaty as it was pledged as security. On the 14th June 2017 Kenny obtained an order in the amount of US$14 500.00 against both the first and second applicants, for completeness the two are husband and wife. On the 30th August 2017... More
At the conclusion of Submissions in argument in this matter, I granted the relief sought and indicated that my reasons thereof would follow. Below are the reasons for my decision. More
DUBEBANDA J: This is an application for contempt of court. Applicant seeks to hold the 1strespondent, Masiyephambili Schools Trust and its chairman in contempt of a court order. The order which forms the subject matter of the application was granted by the Labour Court and registered with this court. More
On 17 July 2018, default judgement was granted in favour of the respondent in case No. 1769/02. Applicant has made this application in terms of Order 9 Rule 63 of the court rules seeking rescission of that judgement. More