The plaintiff company issued summons against the three defendants out of this court on 8 November 2005. It claimed for the payment of an outstanding debt of US$ 1 560 437.68, interest at the rate of 15% per annum, costs of suit on an attorney and client scale and collection commission at the Law Society tariff rate. The claim was based on the deeds of suretyship that each defendant signed in favour of the plaintiff. The defendants contested the action mainly on the ground that their personal guarantees offended against s 11 of the Exchange Control Regulations SI 109/1996 as... More
I heard this application on 20 June 2022.I decided it on the basis of the preliminary points which counsel for the second respondent raised.I delivered an ex tempore judgment in which I struck the application off the roll and ordered each party to meet its own costs.
On 27 June 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
On the day that the application was scheduled for hearing, Ms Mahere, for the second respondent, raised two preliminary points. These were that:
i) the applicant filed its Heads out of time, is barred and... More
: This is an application for rescission of a default judgment in terms of r 449 (1) (a) of the High Court Rules, 1971 made by the applicant seeking the following relief:
“IT IS HEREBY ORDERED THAT:
1. The order granted by this Court, on the 6th of June 2018 in case No. HC 2463/18 be and is hereby rescinded as it was granted in error.
2. The costs of this application shall be borne by the first respondent and its legal practitioners, Mr T Uchena of Mambosasa legal practitioners, jointly and severally, the one paying the other one to... More
On 24 October, 2012 plaintiff obtained provisional sentence against the defendant.
On 25 October, 2012 defendant entered appearance to defend.
On 7 November, 2012 defendant filed its plea to the plaintiff’s application.
On 31 May, 2013 defendant applied for a Pre-Trial Conference date and it filed with the court issues which it considered were relevant to the case. The Registrar of this court referred the record to me for dealing. More
The plaintiff instituted action for a decree of divorce and other ancillary relief. The defendant in turn counter-claimed for a decree of divorce and other ancillary relief. More
This is a matrimonial matter which was dragged to court clearly because of counsels not balancing the ethical duty of taking instructions from clients, being duty bound to the fellow legal practitioner and being genuine with the court. More
This is an urgent chamber application for an order couched in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms-
IT IS ORDERED THAT-
1) The provisional order be and is hereby confirmed.
2) The 1st, 2nd, 3rd, 4th, 5th, 6th Respondents be and are hereby declared unlawful occupiers or claimants of Saturday Retreat Stand measuring 14 hectares. Known as Stand Numbers 23401 to 23601 and 23603 to 23631 Saturday retreat.
3) Respondents Occupation of Stand Numbers 23401 to 23601... More
This judgment concerns a matter which has a sad and long history of it being dealt with piecemeal in the sense that it has had more than one judgment handed down on it based on its technical niceties of compliance with the rules in one respect or the other. Resultantly the merits of the main appeal have not been attended to yet the matter has been enrolled more than six times since 2012 to date all on technical niceties thus creating unnecessary backlog for the Labour Court. More
The first respondent is the ruling party in Zimbabwe. The second respondent is a minister of government in charge of primary and secondary education. He is a member of the first respondent. The matter before me was an urgent chamber application by the applicants for an interdict against the respondents. The first applicant is a trade union of primary and secondary school teachers in rural Zimbabwe. It is duly registered. It has corporate personality, capable of suing and being sued in its own name. The second applicant is a teacher. He is the current president of the first applicant. The... More
This is an application for leave to execute pending appeal. On 28 July 2018 I granted an interim interdict in the following terms:
“Pending the final determination of this present case and/or the conclusion of the 2018 election cycle, including any run-off election, whichever comes first, it is hereby ordered:
The first respondent is interdicted and restrained from asking, encouraging or forcing children at schools to attend or to participate in political rallies or activities or causing the closure of schools for any of its political rallies or activities.
The first respondent is interdicted and restrained from compelling teachers to... More
On 17 June 2011 I dismissed this application with costs and indicated that my reasons would follow. These are they.
The applicant company,Amalinda Estates (Pvt) Ltd, is the former owner of certain piece of land registered under Deed of Transfer 5988/83 situate in the District of Salisbury. This property is commonly referred to as Amalinda Estates. It is 1 101, 8283 hectares in extent. More
This matter began as an application for a declaratur that the purported issue and allotment of 245 and 124 ordinary shares to first defendant and one Victor Cohen respectively is null and void; that the CR2 return of the allotment is irregular and therefore null and void; and consequently that the second applicant’s shareholding did not change by virtue of these impugned issue and allotment. By judgment of this court on 13 November 2019, the matter was referred to trial, the disposal order of which judgment reads as follows:
“In the result it is ordered as follows;
1. The applicants’... More
This is an appeal against sentence only.
2. The appellant, a fifty year old woman, was charged with assault as defined in s 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code).
3. The alternative charge was Criminal insult as defined in s 95(1)(a) of the Criminal Law Code. The allegations were that on 22 and 28 September 2021 and at Waverley Blankets (Pvt) Ltd, Graniteside in Harare the appellant had, by words and conduct seriously impaired the dignity of the complainant with the intent to do so by burging into his office uninvited... More
CHIRAWU-MUGOMBA J: Over the years, this court has been inundated with applications for substituted service in matrimonial matters. In most instances, the plaintiff will claim that the whereabouts of the defendant are unknown and they thus seek an order to resort to other means of service of process. The most popular means is publication in a newspaper circulating within Zimbabwe. More
The employee filed with the court an application for reinstatement of her appeal which had been struck off for non compliance with the rules. The employer objected to the approach adopted by the employee. It reasoned that the employee had to seek condonation for late filing of appeal if she was now in a position to regularise her papers.
The employee persisted that her understanding of the rules was that she could bring up a reinstatement application. The law is clear in practice direction 3 (a) that once the matter has been struck off it can be resuscitated if the... More
