This is an application for Summary Judgment in terms of order 10 Rule 64 of the High Court Rules, 1971. The application is opposed by the respondent. Applicant contends that the respondent has no bona fide defence to his claims. As is common with most debtors in this jurisdiction and beyond, the respondent has raised illusory defences, feigned coercion and seeks not to be bound by an acknowledgement of debt. More
Defendant signed an acknowledgement of debt showing an allegedly standing indebtedness to the plaintiff in the sum of US$384 177,00. When defendant failed to pay this debt, plaintiff sued him and after a contested summary judgment application, summary judgment was granted in favour of the plaintiff. It is not in dispute that at the time of granting this judgment the court had not been addressed on SI 33/2019 and on the ensuing amendments to the Reserve Bank of Zimbabwe Act and the Finance Act. Consequently, summary judgment was granted in favour of the plaintiff for US$387 177,00. More
In this matter the applicant seeks an order against the 3 respondents that they submit to DNA tests to establish applicant’s paternity and that if such paternity is so established, 4th respondent be ordered to register the late Madanlal Prag Vaghmaria as applicant’s biological father and that applicant pays for the costs of the DNA tests. More
Plaintiffs are husband and wife. On 3 December 2014, 3rd defendant desirous to implement its noble objective of land reform offered a certain piece of land known as Subdivision 22 Insindi, Gwanda by virture of an offer letter to the plaintiffs. The latter, oblivious of the legal minefield they were soon to traverse happily accepted the offer letter. The said piece of land is part of a farm occupied by 1st and 2nd defendants. Sometime in October 2015 the plaintiffs attempted to take occupation of the allocated piece of land with the assistance of 3rd defendant but faced resistance from... More
On 12th August 2016, the applicant and 1st respondent signed a joint venture agreement (JVA) which entailed the operation of a safari business by the applicant within the 1st respondent’s Doddieburn-Manyole Ranch. This joint venture would see the applicant, inter alia, marketing wildlife for purposes of safari hunting and keeping accurate books of accounts in relation to the hunts. The 1st respondent as the land authority had the responsibility of signing the TR2 forms after each hunt. The profits realized from the venture were to be shared in accordance with the terms of the JVA. More
