This is an application for the dismissal of an action made in terms of Rule 31 of the High Court Rules, 2021, Statutory Instrument 202 of 2021, (the Rules). Brighton Vimbainashe Shereni (Shereni) deposed to the founding affidavit. He is the applicant’s Recoveries Manager. More
The applicant makes an application for a refund of $63 115-55 which the applicant avers it paid under protest in pursuant to an order of court granted in favour of the respondent. More
The plaintiff, a commercial bank, claims against the three defendants payment of a sum of money amounting to US$1 105 748.90 together with interest thereon at the rate of 15% per annum calculated from the 9th September 2015 to the date of payment in full, such interest to be calculated monthly and in advance and capitalized. The plaintiff also claims collection commission and costs of suit on the legal practitioner and client scale, as well as an order declaring a certain immovable property described in the summons as a certain piece of land situate in the District of Salisbury called... More
This is an application for summary judgement. The facts are that the applicant lent and advanced some money to Coldrac Products (Pvt) Limited in the sum of $1 500 000.00 and one David Govere stood as surety and co-principal debtor. Coldrac Products (Pvt) Limited failed to service the debt leading to the bank obtaining judgment against it. More
This is an application for summary judgment. The applicant seeks the following relief:
“IT IS ORDERED THAT:
1. Summary judgment in the sum of US$101 677-93 be and is hereby granted in favour of the applicant and against the respondents.
2. The mortgaged property being certain piece of land situate in the District of Salisbury called Stand 932 Bluffhill Township 17 of Subdivision C of Bluffhill measuring 4000 square metres held by the second respondent under Deed of Transfer No. 4936/2007 dated 18 September 2007 be and is hereby declared specially executable to satisfy the applicant’s claim.” More
This is an appeal against both an arbitral award reinstating respondent to the appellant’s employ and a subsequent quantification of damages. The respondent was employed by the appellant as a security officer. More
Applicant’s sole ground for review is worded as follows,
“The NEC Appeals Board misdirected itself in failing to deal with the two appeals separately, as directed by the order of the Labour Court dated 20 October 2011. By lumping the two appeals the NEC Appeals Board acted unprocedurally and in defiance of the order of the Labour Court.” More
On 21 April 2006 the plaintiff issued summons out of this claim for payment to him for damages in the sum of $10 billion. The claim as framed in the summons and declaration is in the following terms:
a) payment of ten billion dollars owed by the defendants to the plaintiff being defamation damages suffered by the plaintiff as a result of a defamatory letter published by the defendants of and concerning the plaintiff in or about August 2004. The amount is due and payable but despite demand the defendant refuses, neglects or fails to pay.
Alternatively
b) payment of... More
The following facts are common cause:
On 20 October 2017 a summary judgment application was granted by the
Zvishavane magistrates court
The judgment ordered the applicant to pay to the first respondent the sum of US$5 080-00 plus interest thereon at the prescribed rate with effect from April 1st 2017 to date of full payment and costs.
The applicant appealed to this court against that entire judgment. More
The applicant in this case neglected to look ahead. He was convicted on his own plea of guilty to contravening s 60A (3) (a) and (b) of the Electricity Act [Chapter 13:19] i.e. Tampers, Cuts, Damages, Destroys or Interferes with any Apparatus for Generating, Transmitting, Distributing or Supplying Electricity. The allegations in count 1 were that on 31 August 2021 he proceeded to a farm called Rathga in the district of Banket where he cut and vandalized copper wires that transmitted electricity. The wires were about 30 metres in length. In count 2 he was alleged to have in a... More
This matter was set down so that a review application filed on behalf of the applicant could be heard. At the commencement of the hearing the legal practitioner on behalf of the respondent stood up to address the Court. The nature of the application was not immediately articulated in order for the Court to appreciate it. More
The applicant filed a chamber application for condonation of the late noting of an appeal and leave to prosecute an appeal in person. I dismissed the application and rendered an ex tempore ruling. Applicant has requested for the reasons. These are they.
Applicant appeared before the Regional Court sitting at Rotten Row Magistrates Court facing two counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant appeared together with three other co-accused persons. Applicant is reflected on the charge sheet as accused one. More
This is a review application brought in terms of order 33. The applicant seeks the review of proceedings in the magistrate’s court in case No. 207/09. More
This is an application for condonation of late filing of an application for review. At the end of the hearing the application was dismissed. Reasons were to follow. These are they. In order for the application to succeed the court considers, among other things the following factors, namely,
1) the extend of the delay;
2) the explanation for the delay; and
3) Prospects of success should the matter be heard on the merits. More
The plaintiff married defendant on 2 March 1996 at Bulawayo in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. There are two minor children of the marriage herein after referred to as M and L. M was born on 21 July 1995 and L was born on 13 April 2005. During the subsistence of the marriage the parties acquired both movable and immovable properties. As fate would have it after about 14 years of marriage the parties wish to divorce. More