The applicant seeks the following contested order:
1. That the Note of Hand registered by the respondent on stand 237 Redcliff Township of Redcliff Estate, measuring 3 185 square meters and held under Deed of Transfer number 2190/2000 is hereby declared null and void and of no force or effect. More
MUTEVEDZI J: This appeal is against the whole judgment of the Magistrates Court sitting at Bulawayo, handed down on 2 May 2023, dismissing the appellant’s claim for the cancellation of an agreement of sale, the conversion of the deposit and part payments made by the respondent to become rentals and the ejectment of the respondent and all those claiming occupation through her from Stand No. 339 Emthunzini Township, Bulawayo and costs of suit. We must state upfront, that at about the same time that we heard this appeal, we also dealt with another in the case of Lloyd Sesa v... More
On 2 September 2021 applicant (plaintiff then) issued summons against the respondent (defendant then) claiming:
1. An order compelling respondent to execute an agreement of sale in favour of applicant for stand 19376 Southerton Township.
2. That in the event that respondent does not within seven (7) days of the granting of the order, execute the agreement, applicant shall be deemed the owner of the stand.
3. Costs of suit.
Respondent entered appearance to defend the action, the result of which applicant then applied for summary judgment on the basis that respondent has no defence to the claim and that... More
The applicant filed this urgent chamber application to interdict the first and second respondent from entering into any property development agreement or any type of agreement involving a certain piece of land known as Swallowfieds of Johannesburg in the District of Hartley measuring 606,725 square meters held under Deed of Transfer 5257/99. More
On second of August 2022, respondent obtained a default judgment against the appellant. The judgment was for the eviction of the appellant from stand number 3723 subdivision C Portion of Haydor Farm Westgate Harare. The appellant had not filed an appearance to defend resulting in a default judgment being entered against her.
It is this default judgement the appellant wanted rescinded by a Magistrate. The court a quo dismissed with costs the court application for rescission of default judgment. The rule nisi for stay of execution was discharged. More
The matter was set down for hearing on the 3rd of September, 2013. At the end of proceedings the parties were directed to file supplementary heads on an issue that had arisen in the course of proceedings. The parties having filed the supplementary heads of argument the file was referred back to me by the Registrar on the 1st September, 2014. The following is my judgement on the merits of appeal. More
The appellant was convicted of contravening s 49 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was ordered to pay a fine of $200 or in default to undergo 3 months’ imprisonment. In addition, 2 months’ imprisonment was wholly suspended for 5 years on condition of good behaviour. The appellant was also prohibited from driving class 2 vehicles for 2 years. More
The first applicant, Heal Zimbabwe is a universitas with capacity to sue and be sued. It is represented by its Executive Director, Rashid Mahiya duly authorised by a resolution to that effect made by its board of Directors.
The second applicant is Tonderai Chiwanza, an adult male of Chitungwiza. He described himself as a former councillor for Chitungwiza Municipal Council and a human rights activist with “an inherent interest” in protecting the constitution. More
On the 8th August 2024 Arbitrator NC Mutiba issued an arbitral award in terms of which she ordered applicant to pay respondents retrenchment packages amounting to US$ 28,532.15. Applicant then applied to this Court for the review of the award in terms of Section 89 of the (1) (d1) Labour Act Chapter 28:01 hereafter called the Act. More
1. This is an application for rescission of a default judgment granted by this court on
4 November 2020. The present application was filed on 17 November 2020. It is opposed.
2. In order for an application for this nature to succeed the following requirements have to be addressed.
(i) The length of the delay in applying for the rescission must be explained.
(ii) The reason for the default.
(iii) Prospects of success.
(iv) Balance of convenience.
Redstar Wholesalers v See Livingstone Mutomba SC 142/04 and cases cited therein.
3. It was argued on behalf of the applicant that the... More
This is a court application in which the applicant seeks the rescission of a judgment which was granted by consent in case number HC 8603/19 on 28 October 2019. More
On 26 April 2018, the plaintiff issued summons claiming $1,000, 000 (One million dollars) being delictual damages for alleged defamatory utterances made by the defendant on national television and to a nationally distributed newspaper publication; an unconditional apology to the plaintiff on the front page of the Daily News; removal of an alleged defamatory article from the Daily News Website and costs of suit. On 10 May 2018, the defendant through his legal practitioners made a request for further particulars. On 20 May 2018, the plaintiff responded to the request by stating that the particulars requested were not necessary for... More
At the onset of oral argument in this court, applicant raised 3 (three) points in limine which respondent opposed. The points will be addressed ad seriatim. More
This is an application for a declarator to the effect that the applicant and her employees, agents and invitees are entitled to remain in quiet, peaceful and undisturbed occupation and use of a certain piece of land known as Lot 5 of Lot 1 of Mazone in the Mutare District of Manicaland Province measuring 494 hectares in extent and the eviction of the first respondent and all those claiming occupation through him from the said property
The applicant claims that she has personal right and interest to occupy and use the disputed land. She claims occupation and use of the... More
