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
The applicants, who are husband and wife, bought two properties being stand Nos. 1243 and 1244 from the 1st respondent. The stands cost a total of US$27 200.00. However, in trying to get transfer, 1st respondent failed to pass same because he in fact had earlier sold the properties to one Mr Makara. The said stands are situate in Senka Township, Gweru. The court notes that at the beginning of 2017 and represented by its Director, the 2nd respondent, the 1st respondent made an undertaking to repay in full the amount of US$27 200. Annexture “B” even contains a complete... More
