1. This case concerns the liability of the Reserve Bank of Zimbabwe, [the RBZ], following the failure of Interfin Bank Limited [Interfin], a bank under its supervision. The subject of liability of financial supervisors charged with supervision of a failed bank poses intricate legal issues, particularly because, their exercise of public power raises both delictual and administrative liability issues. Owing to a different liability regime concerning public bodies, liability of central banks poses problems for application of ordinary principles of delictual liability. The statutory provisions in central bank legislation which make provision for their immunity complicates the whole matrix, safeguards... More
The background of the application as per the applicant’s affidavit is that on or about the 3rd November 2017 Mr Jayesh Shah, the applicant’s director was informed through internet published by Newsday that the respondent had obtained a judgment against the applicant. He then contacted applicant’s legal practitioners to investigate circumstances surrounding the granting of the default judgment. On 13 November 2017 he was informed that the default judgment was granted on 24 July 2017. The respondent had made a chamber application for attachment to found or confirm jurisdiction and for substituted service which was filed on 11 April 2017.... More
There are two matters in respect of which the applicant instituted proceedings for provisional sentence against the defendant. In the first matter, Case No. HC 13730/12, the summons for provisional sentence was issued on 28 November 2012. The second summons, in Case No. HC 13977/12, was issued on 5 December 2012. More
The plaintiff is the holder of Bankers Acceptance number LN/11/0587 in the sum of USD 267 291.67 executed by the defendant and accepted by Interfin Banking Corporation Limited (now in liquidation). More
The applicant is a company duly registered in the British Virgin Islands and whose principal place of business is in Al Khabaissi, Dubai, United Arab Emirates. More
On 27 September 2017, the High Court rendered judgment in HC 979/15 whereby it dissolved the parties’ marriage and awarded ancillary relief which included distribution of the assets of the parties. More
The applicant obtained the following provisional order:
“TERMS OF THE FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. It is declared that the payment by the applicant in the sum of ZW$495 000.00 on 18 June 2020 and ZW$68 083. 00 on 19 June 2020 fully discharged the judgement debt that is specified under case number HC 979/15
2. The actions of the second respondent in purporting to execute the writ of execution described above is declared unlawful.
3. The first and second respondents be... More
The applicant approached this court seeking the relief for the cancellation of title deed number 551/2013 which was passed in favour of the second respondent and title deed number 552/2013 which was passed in favour of the third respondent. The applicant is also praying for the revival of his title deed number 4027/81. More
In this urgent chamber application the applicant sought a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
1. The provisional order is herein confirmed.
2. The first respondent shall produce to this court the offer letter upon which he relies for his claim to be entitled to occupy any part of Nyamakari Farm in the Burma Valley area of the Mutare District and shall satisfy this court that it has been lawfully secured before he again seeks to secure occupation of any part of that Farm.
3. The second respondent is directed forthwith to inform the... More
This is an urgent chamber application for an interdict and declatatory relief in terms of Order 32 Rule 241 as read with Section 85 of the Constitution of Zimbabwe. In concise terms this is an urgent chamber application for an order compelling the first respondent to issue written policy directives that ensure compliance with the COVID-19 preventative measures known as Public Health (COVID-19 Prevention, containment and Treatment orders) in compliance with section 229 (4) of the Constitution of Zimbabwe which responsibility affects the affairs of the Prisons and Correctional service. More
On 31 November 2016 I dismissed with costs the application brought before me by the applicant. The applicant’s counsel by letter dated 25 November 2016 requested for written reasons for my disposition. More
This is an appeal against part of the judgment of the High Court. The appellant specifically appeals against paras 2 and 3 of the operative part of the judgment which awarded the respondent maintenance at the rate of US$3 000.00 per month until she dies, remarries or cohabits with another man plus costs of suit. More
On 18 November, 2021 the first respondent wrote requesting reasons for my decision. These are they:
The application is one for a declaratur and consequential relief. The applicant must, in an application for a declaratur, show that he has a direct and substantial, and not only financial, interest in the right which is the subject-matter of the inquiry. Absent that, his application cannot succeed.
Whether or not the applicant in casushowed that it has the requisite interest in the tobacco which is the subject-matter of this application depends, in a large measure, on the evidence which the parties placed before... More
This is an appeal against the entire judgment of the High Court of Harare handed down on 25 August 2016. At the end of hearing in this matter we dismissed the appeal with costs and indicated that the reasons would follow. More
This is an appeal against the whole judgment of the Labour Court, dismissing the appellant’s application for review. After hearing submissions from counsel for the parties we dismissed the appeal with costs, indicating that reasons for our decision would follow. More
