It is trite law that when a court has handed down a judgment it becomes functus officio. This court may not therefore revisit its own judgment and seek to vary it. The court is not held functus officio only in instances where the provisions of Rule 449 of the High Court (Civil) Rules, 1971 are invoked. The residual right retained by this court to vary or rescind its own judgment may only be exercised where a judgment has been erroneously sought or granted. More
Applicant is the lawful occupier of premises known as Parkview Weizman Sports Club (hereinafter referred to as the premises). Applicant holds a lease with the City of Bulawayo dated 8 June 1956. In or about the year 2001 applicant entered into a verbal sub-lease agreement in terms of which respondent took occupation of a portion of the premises. Respondent leases the premises for the purposes of operating a bar and a hall. In terms of the verbal lease respondent was obliged to pay rentals amounting to US$60 per month. Applicant alleges that respondent has not paid rentals since October 2015.... More
The respondent sought a protection order against the appellant in terms of s 8 of the Domestic Violence Act [Chapter 5:16]. She contended that the appellant was of violent disposition, and had subjected her to physical, emotional, psychological and economic abuse. After reading papers filed of record and hearing the parties the court a quo found that the respondent had proved a case of domestic violence as defined in the Domestic Violence Act. More
Plaintiff issued summons against the defendants on 4 January 2017 claiming for:
1. An order compelling the 1st defendant to effect transfer of stand number 20290 Pumula South, Bulawayo into plaintiff’s names.
2. The 2nd defendant be compelled to accept change of ownership papers from 1st defendant.
3. In the event 2nd defendant fails or refuses to comply with the order, the Sheriff of Bulawayo be and is hereby empowered to sign all necessary paper work on behalf of 1st defendant and 2nd defendant is ordered to accept papers signed by the Sheriff and transfer the property into plaintiff’s names.... More
This is an application for absolution from the instance.
Plaintiff instituted proceedings against the defendant claiming payment of the sum of US$135 700,92 being loss of income arising from an alleged breach of contract by the defendant, together with costs of suit on a punitive scale. The defendant opposed the plaintiff’s claims and filed a counter claim for payment of an amount of US$57 320,83 which it alleged was a debt arising from stock that was supplied to the plaintiff on credit.
At the commencement of this trial, Mr Jaravaza appearing for the defendant indicated that the amount sought in... More
