In this urgent application, the applicant, a gold mining concern, seeks a provisional order the interim relief of which is a stay of execution of a default judgement issued by this court, per ZHOU J, on 6 November 2013, pending the determination of a rescission of judgement application which it has filed. More
Article 16 of the United Nations Commission on International Trade Law [UNCITRAL] Model Law, an annexure to our Arbitration Act [Chapter 7:15] [“the Model Law”], paraphrased, and for the moment only picking the bare essentials relevant to this case, empowers an arbitral tribunal to rule on the question of its own jurisdiction. The Article also empowers a party to an arbitration to raise a plea that the arbitral tribunal is exceeding the scope of its authority. The arbitral tribunal may rule on the question of its exceeding the scope of its authority either as a preliminary point or in its... More
The plaintiff issued summons against the defendant out of this court on 17 March 2010 seeking an order confirming the cancellation of the agreement of lease between the parties. It also sought payment of arrear rentals from December 2008 to February 2010 of US$58 021-94 together with interest thereon at the prescribed rate calculated from 1 March 2010 to the date of payment in full, payment of holding over damages of US$7 100-00 per month calculated from 1 March 2010 to the date of the defendant’s ejectment together with interest from the due date to the date of payment, the... More
On 20 October 2010, the plaintiff issued summons out of this court against the two defendants. The plaintiff and the first defendant concluded a lease agreement on 23 March 2009. The second defendant stood as surety and co-principal debtor to plaintiff for the due performance by first defendant of all its obligations arising from the lease agreement. More
The applicant is Mining Industry Pension Fund, a body corporate with juristic status and capable of suing and to be sued. The defendant is Cohen Chipunza, a male adult of Harare. The plaintiff is the owner of a certain immovable property called Stand 17594, Shop No. F09, Angwa City, Harare. The defendant stood as surety and co-principal debtor in solidium in respect of the rental and other obligations required to be satisfied by a company called Future Generations (Pvt) Ltd, in terms of a lease agreement between the plaintiff and the aforesaid company in relation to the plaintiff’s property referred... More
1. This is an application for condonation and extension of time within which to note an appeal against the decision of the High Court in terms of s 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More
This is an appeal against the judgment of the High Court holding that the Food and Agriculture Organisation (“the FAO”), an international organisation, did not enjoy absolute immunity from every form of legal process and execution in Zimbabwe. More
On 12 February 2020, the High Court dismissed with costs an application for the confirmation of the Reconstruction Order (RO) issued on 26 October 2018, by the appellant in terms of s 4 of the Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] (the Act), against Hwange Colliery Company Ltd. The present appeal seeks to upend that judgment. More
MUREMBA J: The applicant was sued by the two respondents in HC 5141/19 and HC 5140/19 respectively. The two respondents are claiming damages in the sum of US$23 000.00 and US$17 000.00 respectively arising from the injuries they allegedly sustained after having been shot by members of the Zimbabwe National Army who were acting in the course and scope of their employment. The applicant is being sued on the basis of vicarious liability since she is the minister responsible for the Zimbabwe National Army. More
The applicant has filed a chamber application for removal of a bar in in terms of Order 12 r 84 (1a) of the High Court Rules 1971, [hereinafter referred to as the rules]. More
This application for rescission of default judgment is made by the Minister of Foreign Affairs and International Trade in his official capacity as such. The Minister Frederick Shava deposed to the founding affidavit. The brief background to this application is as detailed hereunder.
The respondent company Destiny Ventures (Propriety) Limited Botswana instituted proceedings in this court under case No. HC 741/21 against United Nations Children’s Education Fund (UNICEF). A default judgment was granted in favour of the respondent company on 7 July 2021 by MANGOTA J. The terms of that judgment were as follows: More
On 7 July 2021under case No. HC 741/21 in the matter between DESTINY VENTURES (PROPRIETARY) LTD (BOTSWANA) and UNITED NATIONS CHILDRENS FUND, this Court issued a default order against the respondent UNICEF. More
The applicant applied for leave to continue with proceedings under case number HC 242/17 (ref case No. HC 12080/16) against the respondent who is under judicial management for the recovery of $42 624.86. The applicant is one of about 25 creditors who are owed money by the respondent. More
This is an application for condonation for late noting of an appeal against the decision of Rushambwa, Esquire Magistrate sitting at Zvishavane Magistrates’ Court on 27 March 2015. More
