In this matter the applicant is seeking a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
Pending the determination of the application for rescission of judgment under Case No HC 10469/13, applicant is granted the following relief: More
The application before me is an application for review of the Sheriff’s determination. I shall summarise the facts leading up to the review below. The second respondent obtained default judgment against the applicant. The second respondent then obtained a writ of execution to sell the applicant’s undivided half share in a property jointly owned by the applicant and her husband. This writ was served on the applicant on the 9th of July 2013. In December of 2013 the applicant filed an application for rescission of default judgment under HC 10468/13. More
The appellant is alleged to have stopped reporting for duty sometime in 2008. The employer then stopped paying the appellant’s salary because he was not reporting for duty. More
This is an urgent chamber application in which the applicants originally sought an Interim Order couched in the following terms:
“Pending determination of this matter, the applicants is granted the following relief:
1. That the respondent or anyone claiming rights through him be interdicted from leasing Harare Trauma Centre situate at No. 15 Lanark Road Belgravia, Harare otherwise known as Harare Trauma situate at No. 15 Lanark Road, Belgravia. More
This is an application for rescission of a default judgment and the background of the matter is as follows. On the 22nd of February 2022, the respondent instituted summons against the applicant, claiming damages for defamation of character. The summons was served on the applicant on the 23rd of February 2022. The applicant entered appearance to defend on the 25th of February 2022. The respondent filed a notice of intention to bar the applicant on the 1st of April 2022. In response the applicant proceeded to file a Special Plea and an Exception on the 5th of April 2022 instead... More
This is an application for an order for stay of execution of a High Court order under HC 5652/11 pending determination of proceedings under HC263/17. More
Sometime in October 2006 the plaintiffs contracted the defendant to refurbish their swimming pool whereupon the defendant rendered defective service thereby giving rise to a claim for specific performance or alternatively damages in the sum of US$7 904 235. 00. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Mutare handed down on 12 August 2021 cancelling the agreement of sale entered into between the second and third respondents pertaining to stand 2427 Umtali Township, Mutare, and, dismissing the appellant’s counter claim. More
The plaintiff as represented by its Managing Director Ms Elizabeth Chidavaenzi issued summons out of this court on 9 June 2008 seeking the ejectment of the defendant from stand number 3182 of subdivision A of stand 159 Prospect in Harare (‘the property’). More
This is an application for a mandament van spolie. The applicant is a company which carries on business as a land developer. The first respondent is a company in the same business as the applicant. The second respondent controls the first respondent. His position in that company is not described in the papers. More
HC 5357/ 22 is intertwined with the present application. The parties are the same and the substance of the two cases rests on the same subject-matter. In casu, Drew and Fraser International (Pvt) Ltd and Euphrasia Mupedzisi (“the applicant) are a legal entity and a natural person respectively. The applicant applies for leave to appeal the decision which I made on 15 February 2023 under HC 5357/22 which is the decision of one Nicodimus Kuipa N.O. and the Estates Agents Council of Zimbabwe, the respondent a quo, as well as in this application which the applicant filed under HC 1398/23.... More
The material background facts to the matter are as follows; the Respondent was employed as a sales representative by Appellant. He was initially hired on a commission basis; a contract of employment was allegedly later signed between Respondent and one Jonathan Dube a farmer employee of the Appellant currently serving a jail term for defrauding the Appellant. More
This is an appeal against the decision of the Labour Court confirming the draft ruling of the respondent, a labour officer. The ruling was in favour of the appellant’s former employee, Ms Umarah Khan whose contract of employment was summarily terminated as from 15 April 2015 on allegations of certain acts of misconduct, including theft. More
In this matter the plaintiff, by way of a provisional sentence summons, claims payment of US$55 895.21 together with interest calculated at 5% per annum.
The claim is based on an account reconciliation, an alleged written acknowledgement of debt, a letter from Lunar Chickens and a letter from first defendant’s legal practitioners. The defendant raises the defence, inter alia, that it paid the debt to plaintiff’s creditor. For this reason, the first defendant argues that provisional sentence must be refused with costs on a punitive scale. More
