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
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
This is an opposed chamber application in which the applicant seeks to register an arbitral award dated 14 June 2023 as an order of this Court in terms of Article 35 of the Model Law (First Schedule to the Arbitration Act [Chapter 7:15]. The award was made in favor of the applicant (claimant in the arbitration) against the two respondents. After this application was filed, the respondents instituted a separate application in this Court (under case HC 5436/23) to set aside the same award. The set-aside application is premised on several grounds, chief among them that the award is contrary... 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
