The appellant is a Zimbabwean who resides in South Africa. He is a former director of Rodstreet Trading (Private) Limited (“Rodstreet”), a Company registered in terms of the laws of Zimbabwe. The respondent is a company registered in the British Virgin Islands but operating from Dubai though engaging in financial transactions in Zimbabwe. More
The plaintiff’s claim against the defendant is for-
a) Payment of US$12 000.00 being the damages for the actual loss of the plaintiff’s six (6) Brahman cattle which died after drinking from a cyanide pool.
b) Payment of an additional US$6 000.00 for damages for the four (4) Brahman cattle which died which were in calf.
c) Payment of US$182 000.00 being damages for prospective loss of income which the plaintiff would have realized from the six cattle which died had they reached their maximum breeding level.
d) Interest on the total sum of US$200 000.00 at the rate of... More
The applicant was employed as Group Engineering Director by the first respondent, which represented itself as a holding company comprising several subsidies with the second respondent as its Chief Executive Officer. More
On 13 October 2011 after hearing both counsel I dismissed the application with costs. The reasons given for the dismissal were as follows:
The applicant approached this court seeking an order to rescind two judgments granted against him in default in case number HC1448/05. The default judgments were granted on 1 June 2005 and on 6 April 2006. He also sought an order that he files his plea to the summons in HC1448/05 within ten days from the grant of this order. More
The brief facts of the matter are that on the 11th of June 2022 and at around 1630 hours the complainant was at a traffic enforcement roadblock at the corner of Cecil Avenue and Harare road, Bulawayo. The accused person was driving a Toyota Rejius motor vehicle, registration number ACW 2468. He was stopped at the road block and ordered to pull over to the side of the road. Accused’s motor vehicle was checked. He was advised that he was carrying passengers using a non-public service vehicle and that he would be escorted to the Zimbabwe Republic Police Station at... More
The third and fourth respondents are husband and wife respectively. They purchased stand 5993 Warren Park North, Westlea, Harare (“property”) from the sixth respondent. They did so in terms of a written contract which the sixth respondent and them signed on 9 June 1998. The agreement appears at p 26 of the record. More
This urgent chamber application is for the stay of execution of an order of this court granted on 9 October 2024 in HC 4048/24 in favour of the first respondent on the unopposed motion roll. The order was granted in default pursuant to a claim for provisional sentence by the first respondent against the applicant in the sum of US$18, 801.00. The order led to the attachment of the applicant’s property by the second respondent through a notice of execution STL 3792 of 31 October 2024. The removal of the property was scheduled to take place on 6 November 2024. More
The 1st applicant and 2nd respondent are Korean nationals. They are shareholders and directors in the 2nd applicant, a company they established in Zimbabwe in September 2016 known as Arocet Investments (Pvt) Ltd. The 1st applicant alleges that there are serious disputes between himself and the respondent arising from the respondent’s failure to pay up for their shares, amongst other issues. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare which dismissed the appellant’s application for joinder as the fourteenth defendant on 16 January 2020 under case number HC 3499/14 (the main case). At the close of submissions by counsel we dismissed the appeal with costs and indicated that our reasons for judgment would be delivered in due course. I now proffer the reasons for the court order delivered on 20 July 2021. More
Appellant raised a point in limine that the Respondent was barred. Appellant submitted that it served its Heads of Argument upon the Respondent on 16 February 2012. Respondent was obliged to file its Heads of Argument within 14 days of receipt of Appellant’s Heads. He did not do so. Accordingly he is barred and should not be heard. The Respondent argued that the Appellant filed its Heads prematurely before the Registrar had issued a notice to file a response upon the Respondent. If the issue before me was that Respondent failed to file its notice of response on time I... More
This matter was set down as an application for rescission of a default judgment granted in the Respondent employee’s favour against the Applicant employer.
On the set down date it was brought to the Court’s attention that the employer had withdrawn the application. On the same date at the set time the employer did not appear on the basis of the withdrawal. The employee’s representative however tuned up and stated that whilst he acknowledged the withdrawal notice he had observed that the employer had not tendered the wasted costs. More
The applicant is the Church Of The Province Of Central Africa and is responsible for the affairs of the Anglican Church in Central Africa. The first respondent is its Bishop for Manicaland with whom it has pending cases before the courts for the determination of whether or not he is still its Bishop. The first respondent leads a faction of the Anglican Church in Manicaland. The second respondent is an Estate Agent operating in Mutare. It was in August 2009, given a mandate by the first respondent’s faction to sale two pieces of land belonging to the Anglican church. The... More
The above two cases were consolidated by consent of the parties because they are interwoven and related such that the relief sought is substantially the same. The parties are engaged in protracted litigation over ownership, detention, custody and control of church properties located in three dioceses. They have taken each other to Court on numerous occasions without finality to their dispute. More
The appellant is the former employer of the respondents who were each employed at different times in different capacities prior to December 2007 at the Cathedral of St Mary and All Saints.
On 21 September 2007, the then bishop of the church for the Province of Central Africa, (“the Church”) Norbert Kunonga and his followers withdrew their membership from the church. He proceeded to form a separate church, the Anglican Church of the Province of Zimbabwe (ACPZ). More
This is an exception with an exception. It is but a skirmish in the battle of suits, applications and counter applications that the two factions of the “Anglicans” have brought against each other before this court, a spate of litigation that is now assuming nuisance value. The appication was partly argued before me and prior to the resumed hearing, it was withdrawn without a tender of costs. The issue of costs was then raised for my determination. More
