Crossmill Enterprises sued out a summons at the Magistrates court against Pallematic Freight and Ncube. On 14 February 2023 the Magistrates Court granted a default judgment in favour of the Crossmill Enterprises, and the judgment is couched as follows:
i. Cancellation of the lease agreement entered into and between the parties on 2 August 2018 and any other subsequent addendums.
ii. Payment in the sum of USD$3, 727, 37 being in respect of arrear rentals and ZWL44,700.54 being in respect of arrear operating costs. Total arrears being USD$3,727.37 and ZWL44,700.54 payable as USD$ at the foreign exchange auction rate as... More
The parties in this matter are former husband and wife. In apparently acrimonious and protracted divorce proceedings, my brother TAKUVA J wrote a full and comprehensive ten (10) paged judgment to resolve the divorce matter. The part of that judgment, that is relevant for these proceedings reads as follows: More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 18th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 23rd of June 2021. The application is opposed by the 1st and 2nd respondents. 3rd and 4th respondents did not file opposing papers and did not participate in this hearing. I understand their position to be that they are content to abide by the order of this court, whatever it is. Applicant seeks an order couched in the following... More
The applicant in this matter was seeking for an order in the following terms:
“It is ordered that:
(1) The applicant be and is hereby declared the legitimate owner of stand number 5932 Mornington Extension, Kadoma;
(2) The repossession of stand number 5932 Mornington Extension, Kadoma by the respondent be and is hereby declared null and void;
(3) The respondent be and is hereby ordered to pay costs of suit.” More
KABASA J: This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“The 1st, 2nd and 3rd respondents jointly and severally, the one doing the others to be absolved, be and are ordered to forthwith upon service of this order on them, surrender immediate control of the premises known as No. 1A Dunlop Road, Belmont, Bulawayo to the applicant and pursuant thereto to remove all its locks, chains and other impediments placed or installed at the premises and to thereafter allow applicant undisturbed control and occupation of the premises.” More
