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The plaintiff issued out summons claiming outstanding rentals, holding over damages and monies outstanding from electricity consumption by its tenants. The brief background to his matter is as follows. The parties entered into a verbal lease in terms of which the defendant leased stand 17018 Graniteside, Harare, a factory from the plaintiff for the period 2003 to May 2014 More

The applicants approached this court seeking an order in the following terms: “1. That respondent is interdicted from supplying the following components produced from molds or patterns furnished by 1st applicant to respondent to any person other than 1st applicant or a company that he represents;- Feeder Chamber Chamber Compression Head Single Flight Worms Double Flight Worms Steam Locks Bearing Housings Clamp Halves Drive Pullies” The background to the matter is that the respondent is in the business of producing castings which it sells to customers including the applicant. More

The applicant has approached this court on an urgent basis seeking what is in essence spoliatory relief, restoration to a portion of the respondent’s hotel known as Rainbow Towers Hotel and Conference Centre situated at the second mezzanine floor of the prestigious hotel. The applicant also seeks an order allowing it to continue operations at that portion of the hotel without interference and to be allowed free access to its tools, material and machinery which it placed at that location and related relief. More

This was an appeal from a decision of the magistrate’s court. We dismissed it soon after argument and gave reasons ex tempore. The appellant has now sought written reasons. More

This is an application for summary judgment in terms of rule 64 which provides: “(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pre-trial 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

In this urgent chamber application the applicant seeks an interim relief to interdict the first respondent from continuing with execution pending the finalization of the instant case. More

MAKONESE J: This is an urgent chamber application for an interdict. The draft order is in the following terms: “INTERIM RELIEF 1. That the respondents be and are hereby interdicted from carrying out mining activities at True Double Investments Mine at the exclusion of 1st and 2nd applicants and/or denying the applicants the right to benefit from the activities of the 2nd respondent being carried out at the mining site pending the return date. 2. That there be no order as to costs if the application is unopposed. TERMS OF FINAL ORDER SOUGHT 3. That the 1st respondent and anyone... More

The plaintiff issued out summons claiming adultery damages against the defendant who she alleges was engaged in an adulterous relationship with her husband, one Jabulani Tawanda Chikore since July 2020. They were married on 21 August 1998 in terms of the then Marriage Act [Chapter 5 :11] now the Marriages Act [Chapter 5:17]. There is one minor child born of the marriage. It is alleged that the plaintiff has suffered personal injury or contumelia and loss of her spouse’s consortium. The inclusive amount of damages claimed is USD 50 000.00 being USD 25 000.00 a piece. More

This is an application supposedly for a mandatory interdict. It is accompanied by a certificate of urgency in ostensible compliance with Order 32 r 241 of the High Court rules. I have had to determine the matter on the papers without hearing oral argument. The application is against a background of a spike in the spread of the deadly corona virus and a rise in fatalities from covid-19 related complications. On 2 January 2021, in response to that spike, the Government, as did many others around the world, ordered a return to a high level lockdown which is characterised by... More

The appellant was on 30 December 2020 denied bail pending trial by the provincial magistrate sitting at Harare. The appellant had appeared before the magistrate on a charge of incitement to participate in a gathering with intent to promote public violence, breach of peace or bigotry as defined in s 187 (1) (a) as read with s 37 (1) (a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. In the atternative, the appellant was charged “with incitement of gathering of more than fifty people without permission as defined in s 187 (1) (a) of the Criminal Law (Codification... More

This is an appeal against the whole judgment of the High Court “(the court a quo) sitting at Harare, dated 1 December 2021 declaring that the joint venture agreement, signed by the parties on 2 February 2018, is null and void in that it was signed without prior cabinet approval as required in terms of s 13 (1) of the Joint Ventures Act [Chapter 22:22] (the Act). More

1. This is a chamber application for condonation and extension of time within which to file a notice of appeal against part of the judgment of the High Court of Zimbabwe sitting at Bulawayo, being Judgment No. HB 16/22, handed down on 20 January 2022. More

The plaintiff instituted proceedings against the defendant claiming the following relief:- “1. An order compelling the defendant to pass transfer to the plaintiff or his nominee, of a certain immovable property, being Lot 3 of Lot 1 of Swaite, measuring 45,4835 hectares situate in the District of Umzingwane. 2. An order directing the defendant to, within 21 days of the date of this order, execute all documents, and take all steps necessary to procure the transfer of the above-described property to the plaintiff, and authorising the Sheriff to execute all documents and take all actions in the defendant’s place and... More

KABASA J: The plaintiff got acquainted with one of the Directors of the defendant, Enos Mzondi Nkala in the 1980s. The two subsequently became friends. During the course of that friendship Nkala needed financial assistance, which the plaintiff provided. Mr. Nkala was unable to pay back what he had been given by the plaintiff and that saw the parties later agreeing on a business arrangement. Sometime in 2007 they entered into an oral Memorandum of Understanding wherein Mr. Nkala’s indebtedness to the plaintiff comprising of thefollowing: More

This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of section 82(1) of the Parks and Wildlife (General Regulation SI 362/1990) as read with section 128 of the Parks and Wildlife Act (Chapter 20:14). The applicant denies the charges and avers that he has been wrongly implicated. The State opposes this application for bail on the basis that there are compelling reasons for applicant’s continued detention. More