This is an urgent chamber application for stay of execution of an order sounding in money against the Applicant. The applicant is seeking the following order-
“TERMS OF THE FINAL ORDER SOUGHT
1. Application for stay of execution be and is hereby granted.
2. Seizure and attachment in execution by the 9th Respondent as a result of writs stamped by the Sheriff on the 16th June 2022 be and is hereby stayed until the Application for rescission of Default Judgment has been finalized.
3. Each party to bear its own costs. More
1. The applicant seeks an order declaring that a court order granted against the respondent was compromised by subsequent settlement agreements entered into by the parties, notably, a deed of settlement and seeks relief based on the settlement. More
The plaintiff in this case issued summons out of this court seeking the eviction of the defendant, $276 000 000-00 being a claim for unjust enrichment and holding over damages in the sum of $10 000 000-00 per month calculated from 1 April 2006 till date of eviction. The basis of the plaintiff’s claim as set out in his declaration is as follows: He is the executor dative to the estate of the Late Kainos Gadaga (deceased). During his lifetime the deceased purchased an immovable property being stand number 3750 Kuwadzana 3 Harare. This was an undeveloped stand. He then... More
Appellant’s attorney summarised the grounds of appeal in triplicate thus;
1. The Health Services Board (HSB) erred in failing to find that the charges against appellant were not proven.
2. HSB erred by imposing a penalty not provided for by the Health Service Regulations. (The attorney did not bother to cite the Regulations ‘ reference numbers).
3. HSB erred in failing to find that the dismissal was unreasonable and irrational. More
On 10 June, 2013 the first respondent obtained judgment in the magistrates’ court against the applicants. The judgment which the court a quo granted to the first respondent in the sum of $51 051-98 was for arrear rentals, operational costs, interests and collection commission. More
The 27 year old accused was arraigned before us facing the charge of murder as defined in section 47 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. More
The applicant applies for condonation of late noting of appeal and extension of time to note the appeal if condonation be granted. The background to the application is set out below.
The applicant was charged with the offence of Murder as defined in s 47(1)(a) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. He was arraigned for trial before MUSAKWA J (as then he was) sitting with assessors at Mutare on High Court circuit on 19 February 2018. On 23 February 2018, the applicant was convicted of Murder as charged. He was sentenced to 25 years imprisonment. More
Applicant applied to this Court for condonation of a belated application for leave to appeal to the Supreme Court. The application was made in terms of Rule 14 as read with Rule 32 of the Labour Court Rules, 2017. Respondent opposed the application.
At the onset of oral argument respondent raised three (3) points in limine which shall be dealt with in turn. More
On 13 December 2011 the plaintiff, a mining equipment supplier, issued summons out of this court seeking payment of the sum of US$325 119-65 being the invoiced cost of electrical goods that it sold and delivered to the defendant, a mining conglomerate, between 20 August 2009 and 12 December 2011, interest at the prescribed rate from 21 November 2011 and costs of suit.The claim was made up of goods worth US$ 78 485-61 delivered to Shamva Gold Mine, US$ 245 467-82 delivered to How Gold Mine, US$626-96 delivered to Redwing Gold Mine, and US$ 36 184-02 delivered to Mazowe Gold... More
On 4 June 2020 and 21 September 2020, I heard argument in relation to an application by Goldlock Industries (2003) (Pvt) Ltd (Under Liquidation) for a declaratory order and reserved judgment. The application in casu was brought by the liquidator of the applicant acting under a certificate of appointment issued by the 6th respondent (the Master of the High Court). The relief sought was couched in the following terms:
“IT IS ORDERED THAT:
1. That any action or proceedings against the applicant shall not be proceeded with or commenced with effect from the date of the provisional order without the... More
This is an application for condonation for late filing of an application for review of an arbitration award against the applicant.
The award being sought to be brought on review to the Labour Court was entered on 13 January 2016.
The award being sought to be brought on review was granted in default by the arbitrator. The applicant has not sought to apply to the arbitrator to have it rescinded on showing good cause for its default.
It has sought to bring the matter on review before the Labour Court but they are out of time, hence this application for... More
This is a chamber application for discharge of an interim order granted by this court on the 16th of January 2017 under case no. HC 12931/16 interdicting the applicant and all other persons acting on his behalf from carrying mining activities within the prohibited distance from the first respondent’s permanent structures and borehole, interdicting them from threatening the first respondent or any of the first respondent’s employees as well as joining the second respondent as a party to the proceedings. Finally, the interim order gave the police details of Kadoma to enforce peace between the parties if the need arises. More
: The plaintiff and defendant were married in terms of the African Marriages Act [Cap 238, (now 5:07)] on 14 June 1989.
On 19 October 2011 that marriage was declared a nullity by this court at the instance of the plaintiff in case number HH264/11. The plaintiff had married defendant when he was already married to two other women, namely Constance Chasi and Rosaria Manjala in terms of the Marriages Act, [Cap 5:11]. In 1990 at plaintiff’s instance his marriage to Constance Chasi was annulled. He thus remained married to Rosaria and Defendant. At the time the marriage to defendant... More
The plaintiff issued summons against the defendants claiming the following.
a. The setting aside of the unlawful allocation of Stand No. 579 Arcon Township, Harare by the 2nd defendant to the 1st defendant.
b. The eviction or ejectment of the 1st defendant from Stand No. 579 Arcon Township, Harare within 7 days of the date of granting of this order.
c. The 1st defendant to be ordered to demolish the structures she erected on Stand no. 579 Arcon Township, Harare, upon her eviction, failure of which the plaintiff or the Sheriff of the High Court shall demolish the structures.
d.... More
Applicants filed a rei vindicatio claim against Respondent in respect of a motor vehicle, a Toyota Avensis registration number AFF 7889. They also sought an order authorizing the Sheriff to recover the said motor vehicle from the Respondent. Applicants also sought an order for the committal of Respondent to prison if he does not return the vehicle as ordered which committal would be until he delivers the motor vehicle or discloses its location. More
