This opposed application was argued on the 9th February, 2017 and the court reserved judgment then. While preparing the judgment it occurred to me that none of the counsels had raised an issue as to whether respondents 4 – 22 were properly before the court as none of them had filed any opposing affidavits or any supporting affidavit making common cause with either second or third Respondents who had purported to be authorised to file opposition on their behalf. This aspect was so pertinent and could not be determined without giving the parties an opportunity to present argument on it.... More
MUNGWARI J: On 25 November 2020 in case number HC 5833/20 MUSHORE J granted an order in favour of the respondents in this application. The order was obtained in default of the applicant. Aggrieved by the turn of events, the applicant on 16 June 2022 filed an application seeking the rescission of that judgment. A simple calculation of the time lag between the date when the judgment was issued and the time when the application for rescission of the judgment was filed shows a delay of one and a half years. The default judgment in issue reads as follows: More
This is an appeal against part of a judgment handed down at Harare Magistrates Court on the 9th of April 2021 in case number 3025/20.
FACTS
Appellant sued for the eviction of the Respondent from premises known as number 616 Muonde Road, Mufakose, Harare (the premises) in the lower court. The premises were once leased to one Alina Matenga also known as ElinaElina but the lease was cancelled. Respondent and his mother, Asina Black (now deceased) were in occupation of the premises illegally.Appellant based its suit on the fact that there was no lease agreement between it and the Respondent.... More
This is an application for the upliftment of the bar which came into operation following the failure by the applicant to enter appearance to defend within the time stipulated in the Rules of Court. The applicant herein is the defendant while the respondent is the plaintiff in Case Number HC 9909/11 (hereinafter referred to as ‘the main action’). More
The plaintiff issued summons against the defendants on 28 June 2017 claiming payment of $54 814, 85 being unpaid rates due to plaintiff by defendant in respect of Rates Account Number 211000882000008, interest at 10% per annum fromthe date of service of summons to the date of payment and costs of suit. More
We heard the above appeal on 19 September 2023 and granted it on the following terms:
1. The appeal succeeds with costs.
2. The order of the court a quo be and is hereby set aside and is substituted with the following order:
a. That the plaintiff’s claim for eviction is hereby upheld
b. That the defendant and all those claiming occupation through him are hereby ordered to give vacant possession to plaintiff, failing which they are to be evicted from Shop Number 16, Samora Machel Parkade, Harare, being plaintiff’s premises. More
The plaintiff sued the defendant for payment of the sum of $541 217.84 being outstanding balance, as at 2 December 2013, on defendant’s account for the supply of treated water. Plaintiff also sought interest on the above amount at the prescribed rate, costs of suit and collection commission. On the date of hearing plaintiff amended the figure claimed to $528 614.85 More
The applicant sought relief in terms of r 449 for the correction of an order granted by this court after a pre- trial conference between the parties. It was alleged that the issued order incorrectly captured the case number and the second, third and fourth respondents were not cited. The application was opposed. The respondents’ opposing affidavits dedicated most of the response to the background of the matter. There was no discernible basis for opposing the application, in fact there was a veiled concession to the granting of the order sought. More
TAKUVA J: This is a court application for a declaratur in terms of s14 of the High Court Act Chapter 7:06. The applicant is a local authority duly instituted in terms of the Urban Council’s Act (Chapter 29:15) which is the authority responsible for the management of the City of Kwekwe.
The respondent is a body corporate duly established in terms of the Zimbabwe National Water Authority Act [Chapter 20:25].
On 15 February 2013, the parties entered into an agreement for the provision of water to applicant’s rate payers. In terms of that agreement, the applicant is the consumer while... More
The adjudicating process necessarily involves a certain amount of preconception and prejudgment. After going through the pleadings, one formulates an opinion on the strengths and weaknesses of the parties’ respective cases. More
This is an application for rescission of judgment handed down by this court on 8th July 2011. For such an application to succeed Applicant must;
1) give reasonable explanation for failing to attend court at the appointed time; and
2) show that it has good prospects of success on appeal.
Applicant was served to attend court through a telefax mode. Applicant denies having received the said fax message. In other words Applicant submits that he was never served with a notice to appear in court on 8 July 2011. For default judgment to be competently granted, Applicant should have been... More
This is an appeal against an arbitral award.
The award was handed down by arbitrator Mupangani on 8 May 2015.
The appellant noted an appeal against that arbitral award in case number LC/MS/56/15. The respondent (City of Masvingo) also noted a cross appeal against the same arbitral award in case number LC/MS/54/15. More
This is an application for leave to appeal to the Supreme Court. The brief facts are that applicant employs the respondents in various capacities. Respondents embarked on a collective job action and applicant sought a show cause order from the Minister which was granted. This court issued a disposal order on 17 March 2016. Applicant intends to approach the Supreme Court on appeal, hence this application. More
This is an application for upliftment of an automatic bar and condonation of late filing of heads of argument.
The respondents (appellants in the main matter) filed their heads of argument on the 28th March 2013 and served them on applicant’s legal practitioners of record on the 4th April 2013. (note that applicant is respondent in the matter). More
This is an application for rescission of judgment. The application emanates from a judgment of this court granted in default on 20 May 2015, as a result of the applicant’s failure to file heads of argument. More
