This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 13 January 2016 under judgment number HH 24/16 of case number HC 2899/15, in terms of which the More
Renowned writer Leslie Flynn authored a text aptly titled Great Church Fights. In it he makes the analogy of two porcupines living in freezing conditions. They huddle together to keep warm. Unfortunately every time they got close to each other their quills pricked and forced them to move apart. The two needed each other but could not stop needling. That analogy epitomizes the dispute before me. As will be shown later in the judgment, disagreements between and amongst Christians typify the condescending attitude of believers when their personalities grate one another. The papers before me show that between October 2021... More
By order date stamped 22nd February 2018 the Supreme Court of Zimbabwe remitted the matter to this Court for it:
“(a) To determine the actual period during which the appellant was employed by the respondent and in respect of which the respondent was contractually obliged to remit pension contributions to the relevant Pension Fund.
(b) To compute the exact amount of the contributions payable in respect of both employer’s and employee’s contributions, less the amounts already paid by the
respondents for the period of actual employment determined in terms of paragraph (a) above.” More
This summary judgment application graphically illustrates that a trend is fast developing among business people in this country to borrow huge sums of money from financial institutions and when the time to pay comes, to pay as little as possible or better still, not to pay at all. A pattern is manifesting itself where business people will stop at nothing in avoiding to pay legitimate claims and in the process play havoc to investor confidence. More
This matter turns on the interpretation of a deed of settlement prepared by the applicant’s legal practitioners in consultation with the respondent’s legal practitioners who eventually signed the deed of settlement on behalf of their clients.
The applicant and the respondents were involved in amatter under case number HC4000/17. At the pre-trial conference, the parties negotiated and reached settlement in respect of the subject matter of the proceedings in that case. The settlement culminated into a deed of settlement in terms of which the respondents were to pay certain specified amounts of money on specified dates. The deed of settlement... More
The plaintiff, a banking institution, is claiming payment of a sum of US$124 027.05, interest on that amount at the rate of 28 per cent per annum, collection commission and costs of suit on the legal practitioner and client scale. More
This is an application for summary judgment. The applicant, a commercial bank, issued summons against the respondents claiming payment of a sum of US$280 961.94 as the balance outstanding in terms of a loan facility availed to the first respondent in May 2011. The summons was issued on 28 March 2012. The other four respondents are cited on the basis that they executed deeds of surety-ship in favour of the applicant for the due fulfilment of the obligations owed to the applicant by the first respondent. In addition to the claim for the amount stated above and interest at a... More
Applicant issued summons against the defendant claiming $91 592.03 arising out of money lent and advanced to the defendant, 17% interest thereon in terms of the loan agreement, a declaration that stand 3051 Bluff Hill Township of Lot 13 of Bluff Hill measuring 2 9644 hectares is especially executable, More
The applicant instituted the instant application seeking an order that the first respondent holds in trust sums of money which are due to the second respondent by the first respondent. More
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
