This is an application for summary judgment in terms of Rule 64 of the High Court Rules, 1971 which provides as follows
“(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pretrial conference is held, make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs. More
The plaintiff caused a Summons to be issued out of this Court claiming cancellation of a lease agreement of a 20-tonne Roundebult Excavator, payment of USD51 450.00 being arrear rentals, holding over damages calculated at the rate of USD 250.00 per week with effect from the 16th of October 2022, interest at the prescribed rate from the date of Summons to the date of full and final payments and costs of suit on a higher scale. The defendant defended all the claims. More
The first applicant is a public company listed on the London Stock Exchange. The second to fifth applicants are Zimbabwean companies duly incorporated in terms of the laws of Zimbabwe. They are wholly owned subsidiaries of the first applicant. The second to fifth applicants are holders, of registered mining claims, in the Chiadzwa diamond mining area of Manicaland. Their claims have been subjected to cancellations and litigation over such cancellations. The claims were declared valid by HUNGWE J in HC 6411/07. The respondents appealed against that decision to the Supreme Court, were the appeal is still pending. More
Having been indicted on a charge of fraud or alternatively, contravening the Precious Stones Trade Act [Cap 21:06] the accused applied to quash the charges on the basis that they do not disclose an offence. More
On 23 October 2013, on the unopposed roll, provisional sentence was granted in favour of the plaintiff against the defendant in the sum of USD$8 000 000, 00 (eight million United States Dollars), together with interest thereon at the prescribed rate of 5% per annum calculated from 29 December 2010 being the due date of the Promissory Note to the date of payment in full, as well as costs of suit. The order was granted after hearing full argument by counsel for both parties. The court granted the order on the basis that the signature on the Promissory note had... More
The Plaintiff issued a summons out of this Court against the Defendants claiming against them jointly and severally one paying, the other to be absolved, US$130 000.00 being an amount payable by the Defendants to the Plaintiff in terms of a settlement agreement entered into by and between the Plaintiff and the Defendants on 8 October 2020, interest at the prescribed rate from 21 October 2020 to the date of full payment and costs of suit on a legal practitioner and client scale. More
This is an application for summary judgment in which the applicant claims payment of the sums set out in the draft order which sums the first and second respondents acknowledged by acknowledgment of debt signed on 15 October 2010. More
This application is made in terms of r 236 (3) of the High Court of Zimbabwe Rules, 1971 on the basis that the respondents have not prosecuted an application which they filed in HC 4700/16 within the time provided by the rules. For that reason, the applicant seeks a dismissal of that application for want of prosecution. More
The grounds of appeal which form the basis of this appeal are that:-
“1. The Arbitrator erred in finding that he had jurisdiction to entertain the dispute when the jurisdiction of a labour arbitrator is confined to disputes involving employees.
2. The Arbitrator grossly misdirected himself on the facts, which misdirection amounts to an error of law, in finding that the Respondent is entitled to cash in lieu of leave, outstanding commissions from 2011 and COPAC commissions.”
The brief background to this matter is that Respondent was in Appellant’s employ as a Sales Manager as from 2007. On the 30th... More
This is an application for leave to appeal to the Supreme Court against an order of this court. The background of the matter is that:
On 18 February 2013, the court considered an application for rescission of judgment which had been placed before it in chambers. More
The applicant, a duly incorporated company in terms of the laws of Zimbabwe runs a conglomerate of hotels under the umbrella name of African Sun Limited. Being in the hospitality industry, the applicant was one of thecasualities of the world wide unprecedented catastrophic socio-economic ripple effects of the Covid 19 pandemic. The labour market was not spared either and was oneof the hardest hit. Within this background, the applicant made a decision to retrench most of its workforce across the board, amongst them the twenty nine respondents herein.During the tenure of their employment contracts the respondents had the right to... More
On 17 September 2013 a default judgment was issued in favour of the Respondent. The matter had been set down for hearing on 17 September 2013 at 0900 hours. Applicant alleges that the legal practitioner of record was unable to attend the hearing due to ill health. He had been ill as from 13 September 2013 as evidenced by Casualty Unit case notes from the Avenues Clinic attached as Annexure A to the application. The deponent to the founding affidavit, one Mafo was requested to attend Court and seek a postponement of the matter to a date convenient to the... More
This claim is based on an acknowledgment of debt, (A.O.D). The brief facts surrounding this dispute are as follows. The plaintiff is a company that trades in fuel. The defendant was a director of Nhari Investments (Pvt) Ltd. The defendant and his co- directors traded in fuel under Mammoth Fuels. More
This is an Urgent Chamber application for an anti-dissipation order filed by the Applicant on the 13th of October 2022 seeking 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. The 1st Respondent be and is hereby barred from transferring the sum of (USD360,000.00 (United States Dollars Three Hundred and Sixty Thousand) pursuant to the default order granted in case number HCHC 196/22 pending the finalization of application for rescission of judgment filed under case number HCHC333/22.
2. The 3rd... More
This is an appeal against the judgment of the Fiscal Appeal Court dismissing an appeal against the determination of the respondent requiring the appellant to pay value added tax (VAT) on the importation of certain goods into Zimbabwe. More
