ZISENGWE J: Theapplicant seeks the eviction of the respondent from certain residential premises situated in the Midlands city of Kwekwe. The said property was identified by the parties as Stand Number 190 Queque Township and is also known as 19 Burma Road Newton, Kwekwe (hereinafter referred to as “the property”).
The applicant, a company duly registered in terms of the laws of Zimbabwe, avers in the main that it is the registered owner of the property and produced the deed of transfer to that effect. It claims that the respondent took occupation of the property in 2015 and has remained... More
The accused was convicted of theft of a motor vehicle from South Africa. He was sentenced to 10 years imprisonment of which 3 years was suspended for a period of 5 years on the usual conditions of good behaviour. More
On 21 December 2016 the applicants sought and were granted a provisional order couched in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
1. That the Respondents, their agents and all those claiming title through them be and are hereby interdicted from interfering with the Applicants’ possession and enjoyment of the properties known as NOS 409 HARARE DRIVE, POMONA, HARARE; 18 CAMBRIDGE ROAD, AVONDALE, HARARE and 75 KING GEORGE ROAD, AVONDALE, HARARE.
2. That the Respondents pay the costs of this application on an attorney and own client scale. More
In or about January 2006, the applicant and the first respondent entered into an agreement of sale in respect of certain immovable property called Stand number 584 Greystone Park Township of Greystone. In terms of the written agreement, the purchase price for the property was the sum of $400 000 000-00 and this was to be paid in full within 5 days of the signing of the agreement. The payments clause in the agreement of sale provided that the purchase price was payable in full upon the signing of the agreement but a special condition of the agreement provided that... More
The appellant was employed by the respondent as a driver. He was dismissed following disciplinary proceedings for:
‘falsification of records and or writing false information onto Authority documents.’
This is a violation of the applicable code of conduct.
The brief facts of the matter are as follows:
The appellant in his capacity as a driver was asked to get a quotation for repairing a bumper of a certain damaged vehicle. He got the instruction from a Mr Mandihlare. The instruction was to the effect that once he got a quotation which was below one hundred USD(USD 100.00), he could leave... More
Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The learned judge removed the application from the roll and made note that an appeal pending before this court which was concerned with the same thereafter was set down for hearing on 24 May, 2021. It was considered then that to grant an order as prayed for by the applicant would pre-empt the decision of the appeal court. Upon resetting the... More
The appellant was employed as a driver by the respondent. Allegations of theft were raised against him and he was found guilty and dismissed. This appeal is against conviction. More
On 6 July 2021, with the consent of the parties, this court issued an order interdicting the respondent or its agents from removing any livestock or movable property from Subdivision A of Carnock Farm, Sandown Park Farm pending the finalization of this matter. The court also directed the parties to argue for the final relief on 20 July 2021, subject to the respondent filing its notice of opposition by 8 July 2021, and the heads of argument not later than 16 July 2021. The applicant was required to file his answering affidavit and heads of argument by 14 July 2021. More
This is an application in terms of r 63 of the Rules of the High Court, 1971 for the rescission of a judgment granted in default on 24 June 2009 in case no HC 1247/07. In addition, the applicant sought for an order that the proceedings of the Pre-trial Conference held on 18 November 2008 and the result thereof be declared null and void and that a date for another Pre-trial Conference be allocated More
Their case was that Appellant was assigned duty to collect school children from an Education Camp On his way he saw a herd of impala. He tracked a male impala and shot it. He took the carcass to Chirundu where he had it skinned. He then sold the meat to one Mubaiwa. The meat was found in possession of Mubaiwa. Police arrested Mubaiwa and he stated that he had bought same from Appellant for US$40.00. More
This is an application in terms of s301(2) of the Companies Act (Chapter 24:03). The applicant is a member, director and shareholder of 1st respondent. The application is made on an urgent basis in that the 1st respondent and the applicant continue to suffer prejudice due to being unduly placed on judicial management. Applicant therefore seeks discharge of the provisional order for judicial management of the 1st respondent issued on the 19th day of March 2019 under cover of HC 167/19 in that it is not in compliance with section 299 and the requirements of s300 of the Companies Act.... More
The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as FidelisHapagarwiNhapi who is not cited as a party to these proceedings. The applicant alleges that at the time of the sale Fidelis HapagarwiNhapi advised him that there were illegal occupants on the property. He was assured that the illegal occupants would vacate the property. The applicant subsequently wrote to the first respondent on 5 August 2010 indicating that he would... More
The plaintiff issued Summons against the defendant claiming a total of US50 000.00 as damages for negligently causing the death of his wife, interest at the prescribed rate from date of demand to date of full payment as well as costs of suit. The amount is made up of US$100.00 for funeral expenses, US$40 000.00 for loss of spousal support and US$9 000.00 for child support. More
