The applicant seeks a declaratur to the effect that he paid the full purchase price in terms of an agreement of sale between the parties dated 20 October 2016. The order sought is also to the effect that the payments of the deposit plus monthly instalments, from December 2017 to August 2020 by the applicant to the respondent’s bank account, were in accordance with the agreed terms of sale agreement between the parties. Ancillary relief is also sought in that the applicant seeks that the respondent be ordered to sign all necessary documents to effect transfer of ownership to him... More
This is an urgent chamber application wherein the applicant seeks the following relief;
‘TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms—
1. That the third respondent be and is hereby directed to cancel the Deed of Transfer passed in favour of the first respondent over a certain 300 square metres of land called stand 10346 Kuwadzana Township of Fountainbleu Estate situate in the district of Salisbury.
2. That the party opposing to bear the costs of this application on the higher scale of... More
The appellant was charged with:
(i) Wilfully applying a wrong use, or unauthorised purpose, to assets or to property or alternatively.
(ii) Carrying out an act which is inconsistent with the express or implied conditions of the contract of employment.
The main charge is a violation of Group D – most serious offences, Category 3 of the respondent’s code of conduct. The alternative is a violation of Group D – most serious offences, category 25 of the same code. More
The appellant approached this court challenging the decision of the nomination court sitting at Harare on 21 June 2023. The nomination court declined to register the appellant as the presidential candidate for the 2023 general election. The appellant’s assault of the nomination court’s decision is based on the three following grounds:
“(i) The 1st respondent erred in rejecting appellant’s nomination papers when sufficient evidence had been presented that a deposit of the prescribed nomination fee had been paid through a ZWL Bank transfer amounting to ZWL$138 531 528 using the rate of US$1:ZWL$6 926.58 as advised by 3rd respondent.
(ii)... More
1. The appellant brings an appeal against the entire judgment of the Commercial Division of the High Court of Zimbabwe (the court a quo), which dismissed his preliminary objection to jurisdiction and choice of law. It then proceeded to hand down judgment for the respondent on the merits with costs. Finally, it declared the appellant’s two hypothecated immovable properties specially executable. More
The decision to launch an urgent application must be thought through as this is a special procedure meant for a party in distress who needs the court’s urgent intervention lest the party suffers harm (or is facing impending harm)the consequences of which are irreversible and cause great prejudice to the party. It is not for every instance or dispute. This is because a judge allocated a matter which appears under cover of urgency has to put any other assignment aside and give his or her attention to the purported urgent matter, hence this should be worthwhile for the attainment of... More
J: The plaintiff claims $286 070.71 being outstanding balance of an exit package.
The plaintiff was employed by the defendant as a Senior Staff Officer Administration. He was put on forced leave resulting in him approaching the Labour Court seeking to revoke the suspension and reinstating him. An order by consent was granted by the Labour Court on April 2008. The plaintiff submitted that the defendant has failed to comply with the consent order and approaches the court for an order compelling the defendant to fully comply with the agreement between the parties. The defendant’s position is that the exit... More
The matter was placed before me as an application for leave to appeal against a determination handed down by this court on the 1st April, 2009. The application is opposed. More
The matter was initially placed before me on 14th March 2008 as an urgent chamber application for an order. The parties concerned however resolved to settle the matter out of court. The settlement agreement reached between the parties was later filed with the court. The court then granted an order in terms of the settlement agreement reached. More
This is an application for quantification of damages following the remittal of the matter by the Supreme Court.
At the commencement of the proceedings, Mr. Banda stated that he had a preliminary point to raise. He submitted that there was a substantive award by L. Gabilo which was quantified and is still pending. He further submitted that the same issues which had been placed before L. Gabilo were those before the Court in the present application. He averred that it was thus an incompetent application. The said the second issue alluded to the decision by L. Gabilo and he argued... More
The plaintiffs are husband and wife. The defendant is a duly registered firm of estate agents trading under the style of Stohill Properties. The plaintiffs are victims of a fraudulent sale of a property. They lost a significant sum of their hard earned income in the hope of securing a property that they would ultimately call a home upon completion of construction. The transaction involved the defendant herein as the agent of the seller. Things went horribly wrong along the way, resulting in the plaintiffs instituting proceedings against the defendant. More
This is an appeal against the whole judgment of the High Court (the court a quo) delivered at Harare on 14 October 2020 under judgment number HH – 637/20. The appeal originates from a judgment of the Magistrates Court which upheld the respondent’s claim for eviction and holding over damages against the appellant. The appellant appealed to the court a quo without success. She now appeals to this Court for relief. More
The brief background to this matter is that, the applicant sued the respondent sometime in 2007 under HC 3314/07 for specific performance and transfer of a property known as Lot 5 of the remainder of Subdivision “A” of Lichfied of Wilksden Farm (hereinafter called “the property”). Alternatively, the applicant claimed damages for breach of contract. On 4 July, the parties entered into a deed of settlement which is marked Annexure “A” and appears on pages 6-7 of the record. This deed of settlement was made an order of this court under HC 5000/08B on 29 November 2012, and the said... More
The plaintiff is the only child of the defendant, the defendant’s only other progeny, AlbertinaAurthur, also a daughter, having passed away some time back leaving only the two parties after the defendant had divorced their father, who also passed away in 2010. More
The respondent filed a court application on 13 August 2012 against 113 respondents including the 11 applicants in this matter, in case No. HC 9587/12. That application was served on the same date with the respondents or their representatives signing a copy of the court application in acknowledgment of service. More
