: This is a claim by the plaintiff for payment by the defendants jointly and severally one paying the other to be absolved, of:-
(a) US$257 003, 91, being the capital amount;
(b) US$112 248, 94, being interest;
(c) US$85 220, 43 being penalty charges;
(d) Interest on the sum of US$257 003,91 at the rate of 15%.
The claim arises from a loan advanced to the 1st defendant. More
: In the early hours of Sunday 6 October, 2019, at approximately the hour of 0545 two buses of the Yutong make collided head on along the A5 Highway at the 234 Kilometer peg. The A5 Highway is the road from Harare to Bulawayo or the vice versa direction. The 234 kilometre peg is located between Kwekwe and Gweru. The accident can only be described as tragic and horrific. It marked a sad day for the country which lost thirteen of its citizens from injuries sustained due to the accident. Scores of surviving passengers were injured to various degrees. The... More
This is an urgent application for stay of execution. The applicant and the first respondent concluded a lease agreement in respect of premises situate at Number 4 Grant Street Kopje, Harare where the applicant runs a restaurant. More
The plaintiff and the defendant are both legal entities incorporated in terms of the laws of Zimbabwe. On 23 October 2015, the two entities signed a Public Procurement Engineering, Procurement and Construction Contract (the Contract). In terms of that contract, the plaintiff was required to construct a 100MW Solar Photovoltaic Power Station in Gwanda (the Project). A dispute arose during the implementation of the said contract prompting the plaintiff to approach the court for the following relief: More
This is an application for stay of proceedings that are before the second respondent pending the determination of an application for review of the second respondent’s dismissal of an exception to the charges. More
At the commencement of the hearing, Mr Uriri for the applicant applied to amend the applicant’s draft order with the consent of Mr Manjengwa for the respondent. The prayer in the draft order was accordingly deleted and substituted as follows:
1. It is hereby declared that procurement contract No. ZPC 304/2015 dated 23 October, 2015 between the applicant and the respondent is valid and binding between the parties.
2. Consequent on the declaration of validity of the contract, a decree of specific performance be and is hereby issued.
3. The conditions precedent the satisfaction period are deemed to have ben... More
This is an application for dismissal for want of prosecution of the application for rescission of judgment filed by the first to 33rd respondents on 8 June 2016. The main application was filed under case no. HC 5801/16, seeking the setting aside of the order of this court granted in case no. HC 7797/15 on 6 April 2016. After the respondents had served the application for rescission of judgment the applicant filed its notice of opposition and opposing affidavit on 23 June 2016. The respondents took about five months to file an answering affidavit to the opposing papers. After that... More
On 8th March 2016 at Harare, Arbitrator V Mateko issued an arbitration award. She ordered the appellant to pay the respondent an amount of $500-00 as outstanding salary. The appellant then appealed to this court against the award. The respondent opposed the appeal. The grounds of appeal were rather prolix as the appellant acted pro se. However the first four grounds of appeal basically cover the appellant’s case. More
This is a special plea raised by the first and second defendants against the plaintiff’s claim in case HC 7222/11.
At the commencement of the application, the proceedings against the second defendant were by consent of all the parties stayed in terms of s 54 (2) of the Banking Act [Cap 24:20]; it having been placed under curatorship by the Central Bank on 11 June 2012. I proceeded to hear the first defendant’s special plea. More
The parties to this case are embroiled in a contractual dispute. Basically the allegations against the respondent are that he has taken control of farming operations at Inyanga Downs Orchards without the consent of other directors. In its amended draft order the applicant is seeking the restoration of the status quo ante. At the hearing of this application counsel for the respondent raised some points in limine. More
This is an application brought to this court in terms of section 4 (1) of the Administrative Justice Act Chapter 10:28. It is an application to set aside the determination by the Master of the High Court (herein cited as 1st respondent), wherein on 8th of August 2019, she declared the last Will and Testament of the Late Tulli Ndlovu Mathiya as void due to a subsequent customary law union that he contracted with the 2nd respondent, namely Lomangwe Ndiweni. More
This is an application for an order setting aside the decision by the respondent to forfeit the applicant’s 3 trucks and tankers.Sometime in July 2020, the applicant was contracted by an entity called Lopdale Energy (Pvt) Ltd to ferry a consignment of fuel from Mozambique to Zimbabwe. On 17 July 2020, the applicant’s drivers were served with notices of seizure issued against their 3 trucks. More
This is an application for leave to appeal to the Supreme Court. It follows a judgment in which this court had to determine whether the applicant had been properly found guilty of fraud and the propriety of a dismissal penalty imposed on her following disciplinary proceedings. More
The applicant instituted proceedings against the respondents claiming the following order:
"1. The appointment of Cecil Madondo as Executor Dative in the
Estate of the late Stephen Moyo on the 6th October 2004 is set aside.
2. First respondent is directed to appoint applicant as Executor Dative.
3. The costs of this application, if contested shall be paid by the respondents."
On the 3rd of June 2005 the applicant filed a notice of withdrawal on the basis that each party pays its own costs. More
On 11 October 2019 the appellant was convicted of contravening s 53 (2) of the Road Traffic Act [Chapter 13:11] for reckless driving and was sentenced to 2 years imprisonment, in addition he was prohibited from driving commuter omnibuses or heavy vehicles for the rest of his life in term of s 54 (4) (a) (b), further appellant’s licence was cancelled. More
