This is an urgent chamber application for the stay of execution of an order of this court wherein applicant and others were ordered to pay costs. The applicant is challenging the execution of the court order on various grounds.
1.In that the matter is being irregularly executed as the order for costs was meant for applicant and others to pay costs only if the application was opposed but it was not opposed.
2.That the bill of costs in HC 1519/21 should not have been taxed at an attorney and client scale and that it is therefore invalid.
3.That the order... More
KABASA J: This is an appeal against the whole judgment of the Magistrates’ Court allowing the respondent’s claim wherein she sought the eviction of the 2nd appellant from an immovable property known as house number 6209 Phase Two Garikayi/Hlalani Kuhle, Gwanda. More
Aggrieved by the decision of this court in HB 73/19, the Applicant filed a Notice of Appeal against that judgment in the Supreme Court under Case No. SC299/19. On 19 July 2023, the Supreme Court removed the appeal from the roll because the Appeal had been deemed dismissed due to failure to provide adequate security for the Respondent’s costs of appeal. More
The parties entered into a transport agreement in terms of which the applicant was to supply buses for the purposes of carrying the respondent’s touring clients. Having been invoiced for the payment the respondent refused to pay indicating that the agreement was concluded with an employee who had no authority to bind it and that also had an interest in the applicant company. More
This is an application wherein the applicant seeks the following relief:
“The respondent replaces 970 to 1077 Kwekwe Township of stand 7799 Kwekwe Township situate in the District of Kwekwe with a suitable industrial stand acceptable to the applicant and that the respondent bears the costs of suit.”
At the hearing of the matter respondent raised 3 preliminary points, one of documents irregularly filed in the court record in breach of the rules, seeking that such documents be expunged. The second preliminary point is that of locus standi that the purported agreement of sale is between respondent and a different... More
