The applicant in this matter was seeking for an order in the following terms:
“It is ordered that:
(1) The applicant be and is hereby declared the legitimate owner of stand number 5932 Mornington Extension, Kadoma;
(2) The repossession of stand number 5932 Mornington Extension, Kadoma by the respondent be and is hereby declared null and void;
(3) The respondent be and is hereby ordered to pay costs of suit.” More
The applicant seeks eviction of the respondent to whom it was leasing a take away and a superetteon its hospital premises,on the grounds that the lease has expired; that six months’ notice had been given to the respondent;and,lastly that the continued occupation is illegal. More
This is a matter in which Parirenyatwa Group of Hospitals sued Define Horizons (Private) Limited for:
(a) an order confirming the cancellation of a lease agreement between the parties.
(b) an order for the ejectment of the defendant and all those claimingoccupation through it from Parirenyatwa Hospital Superrette.
(c) payment of US$1 600.00 per month reckoned from 1 March 2015 to date the defendant vacates the premise
(d) costs of suit on an attorney and client scale if the defendant opposes this action. More
The plaintiff and the first defendant entered into a lease agreement in terms of which the first defendant occupied the plaintiff’s premises being number 2 Park Street, Harare. The second defendant bound herself as surety and co-principal debtor to the plaintiff for the due and faithful performance by first defendant of all its obligations in terms of the lease agreement. More
KABASA J: This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“The 1st, 2nd and 3rd respondents jointly and severally, the one doing the others to be absolved, be and are ordered to forthwith upon service of this order on them, surrender immediate control of the premises known as No. 1A Dunlop Road, Belmont, Bulawayo to the applicant and pursuant thereto to remove all its locks, chains and other impediments placed or installed at the premises and to thereafter allow applicant undisturbed control and occupation of the premises.” More
On 7 August 2007, the plaintiff issued summons against the defendant claiming:
(a) Payment of the sum of US$763 068-00 being the balance due and payable by the defendant to the plaintiff in respect of buses sold and delivered to the defendant by the plaintiff at the defendant’s special instance and request which, despite demand, the defendant has failed and or neglected to pay to the plaintiff.
(b) Interest on the sum of US$763 068-00 at the rate prevailing from time to time in the Supreme Court of the United States of America with effect from 22 August 2004 to... More
It is trite law that when a court has handed down a judgment it becomes functus officio. This court may not therefore revisit its own judgment and seek to vary it. The court is not held functus officio only in instances where the provisions of Rule 449 of the High Court (Civil) Rules, 1971 are invoked. The residual right retained by this court to vary or rescind its own judgment may only be exercised where a judgment has been erroneously sought or granted. More
This is an application for leave to appeal to the Supreme Court by Parks and Wildlife Management (Applicant).
The background of this matter which resulted in this application is that:-
• On the 10th December, 2012 Applicant (then Appellant) filed a notice of appeal to this Court against an arbitral award. The case No. is LC/H/990/12.
• On the same date the Registrar of this Court served a notice of response in LC2 Form to Respondent’s legal practitioners of record Manase and Manase calling upon Respondent to file his response to the appeal.
• On the 18th December, 2012 Respondent... More
This is an urgent chamber application brought forth to stop execution of an order of this court under Judgment number HB 191-24. The said order extended time lines within which the parties had to undergo arbitration proceedings that had been authorized by a previous consent order. More
The parties in this application are as follows: The first applicant is Parks and Wildlife Management Authority, a statutory corporate body established in terms of the Parks and Wildlife Management Act [ Chapter 20:14]. The second applicant is the minister of Environment; Climate Change, Tourism and Hospitality Management. The second applicant is assigned by the President the administration of the Parks and Wild Life Management Act. The first respondent is Suscaden Investments (Pvt) Ltd a duly registered Zimbabwe company. The second respondent is Big Five Safaris (Pvt) Ltd and like the first respondent is a duly registered Zimbabwe company. The... More
Parks and Wildlife Management Authority is a Statutory Body empowered to control, manage and possess Victoria Falls National Park in terms of the Parks and Wildlife Management Act [Chapter 20:14]. Its relationship with Defendant is that of Lessor and Lessee over a restaurant and Curio Shop situated in the Rainforest at Victoria Falls National Park. The Lease Agreement between the parties was signed on the 2nd of March 2018. The lease period is extant, running from 01 January 2018 to 31 December 2027. From 01 January 2018 to 31 December 2022, Defendant was to pay an annual lease fee/rent of... More
This is an application for summary judgement on a summons claiming the following relief: (a) the termination of a lease agreement entered into between the parties on the 1st of December 2003; (b) ejectment of the respondent from the leased premises; (c) payment of arrear rentals; and (d) payment of holding over damages. More
Applicant is the lawful occupier of premises known as Parkview Weizman Sports Club (hereinafter referred to as the premises). Applicant holds a lease with the City of Bulawayo dated 8 June 1956. In or about the year 2001 applicant entered into a verbal sub-lease agreement in terms of which respondent took occupation of a portion of the premises. Respondent leases the premises for the purposes of operating a bar and a hall. In terms of the verbal lease respondent was obliged to pay rentals amounting to US$60 per month. Applicant alleges that respondent has not paid rentals since October 2015.... More
In this civil trial the plaintiff seeks specific performance. Plaintiff claims delivery of three Toyota Hilux motor vehicles (2.5 double cab manual 4x4.) In the event of failure to deliver the motor vehicles, the plaintiff seek an order authorizing the Sheriff to recover the said motor vehicles from the defendant and hand over the same to the plaintiff. More