This is an opposed application in which the applicant seeks the following order:
“1. The 1st respondent be and is hereby ordered to enforce and execute the judgment given under HC 573/04 within two days from the date of the order.
2. The 1st respondent be and is hereby ordered to execute on the writ and recover the amount outstanding regard being had to the prevailing bank rate at the time of execution.
3. The 2nd and 3rd respondents be and are hereby ordered to pay costs on attorney and client scale if they oppose the application.”
Background facts
The... More
The applicant represented by Messrs Tendai Biti Law, legal practitioners filed on 17 June 2020, an application for condonation of late noting of appeal. The applicant intends to appeal against the judgment of the Regional Magistrate per Kumbawa Esq delivered on February 2010 at Harare. The applicant attached the copy of the judgment aforesaid as an annexure to the application. He also attached a copy of the transcript of the record of proceedings in case No CRB 734-6/09. I must note that it was through my directive given on 24 August 2022 to the Registrar to intervene in having the... More
I heard this matter in the company of MANYANGADZE and BHACHI-MUZAVAZI who were on induction.
Applicant seeks an order couched in the following terms:
“1. The application be and is hereby granted.
2. Applicant shall pay the purchase price of ZW$155 000 within seven days of this
order.
3. First respondent shall sign relevant transfer documents in favour of applicant within
14 (sic) of this order.
4. First respondent shall pay costs of suit.” More
The three appellants were employed by the respondent in various capacities until 13 November 2014 when they were dismissed following a disciplinary hearing. More
This matter commenced by way of application. In the application the plaintiff sought an order directing the two defendants (“the defendants”) to hand over the registration book of a Datsun Bluebird motor vehicle Registration number 400-802D and to sign all necessary papers to enable the transfer of the ownership of the vehicle to the plaintiff. That relief was opposed by the defendants. The defendants also filed a counter application in which they sought an order directing the plaintiff to surrender forthwith the Datsun bluebird motor vehicle to them and that failing for the Deputy Sheriff to be authorised to seize... More
The appellant is a former employee of the respondent. She was employed in 2011 as a claims manager. She resigned on 31 July 2014 giving the requisite 3 months notice on 7 August 2014 the respondent wrote back “accepting” the resignation and tendering cash in lieu of the 3 months notice. All benefits were then withdrawn. More
This matter was placed before me as an application for a declaratur, in terms of s14 of the High Court Act [Chapter 7:06]. The applicants seek an order that the registered nominal shares of the 1st respondent total 24 000 (Twenty-Four thousand) and additionally costs of suit on a legal practitioner to client scale against any respondent who opposes the application. More
The background to this matter is that the applicant, a duly registered company, in terms of the law, entered into a tribute agreement with 1st respondent over several mining claims collectively known as Empress Mine in Mashava. Upon expiry of same, they entered into an agreement of sale. The first agreement was entered into on 27 March 2017 and thereafter another was signed on 7 September 2017 which allegedly met the requirements from Ministry of Mines.
The parties have been in and out of court since 2018 around the issue of Empress Mine. In case HC5673/18, the applicant alleged breach... More
In case HC 6440/18 Lugania is the applicant and seeks an order in the following terms.
That you show cause to this Honourable Court why a final order should not be made in the following terms;
Terms of Final Order Sought
(a) That 2nd respondent should not issue applicant with a resumption certificate for the applicant to resume operations at Empress Mine, following compliance by the applicant and inspection of underground workings thereon by 3rd respondent’s Mines Inspection Personnel
(b) 2nd respondent be and is hereby ordered to issue the applicant with the resumption certificate to resume underground operations in... More
: The plaintiff and defendant herein are brothers. The plaintiff instituted summons in 2016 claiming US$14 731-00 (fourteen thousand seven hundred and thirty one dollars) arising from outstanding dividends which were due and payable from October 2012, interest and costs. The defendant denies liability on the basis that the claim has prescribed and in any case no dividend is payable to the plaintiff as none was declared by the board of directors. More
The plaintiff’s claim is for damages for malicious arrest and detention allegedly arising from the second defendant’s action of laying a charge of theft against the plaintiff at Marimba Police Station. More
The first plaintiff’s claim as amended is for the replacement cost of his motor vehicle, being a 1996 model Mitsubishi Canter truck imported from Japan in the amount of USD 7000 and ZAR 58 043,99 for freight and duty charges. More
This matter was filed consequent upon my judgment involving the same parties as herein cited which I delivered referenced HH 530-22 in case no. HC 1540/21 on 3 August 2022. The Minister of Local Government, Public Works and National Housing had been a party in case no. HC 1540/21. However, no relief was claimed from him and he is not cited in the current proceedings. Just to recap, in case no. HC 5140/21, the applicants had pursuant to filing the said application, been granted under case no. HC 9690/21 by MUNANGATI-MANONGWA J, on 1 April 2021 an order of condonation... More
The applicants are owners of immovable properties in the splush suburb of Mount Pleasant Heights, Harare. The area of Mount Pleasant Heights in which their properties are situate is called Bannockburn. To that end they own properties in Bannockburn as follows:
(a) 1st and 10th applicant – stand 950.
(b) 2nd applicant –Stand 947
(c) 3rd applicant – Stand 949
(d) 4th applicant – Stand 939
(e) 5th applicant – Stand 931
(f) 6th applicant – Stand 913
(g) 7th and 9th applicant – Stand 945
(h) 8th applicant – not stated More
