The dispute in this matter relates to the flighting of a tender by the first defendant for the supply and delivery of 70 kms of 24 core CST armoured cable. The plaintiff in its summons and declaration contends that this tender was flighted on or about the 31st of May 2023 through an email request for quotation. The first defendant communicated on the 13th of July 2023 that the plaintiff was successful in its bid. It directed the plaintiff to pay the sum of USD$2443 to the second defendant to enable release of the contract documents. Despite payment of this... More
This is an application for suspension of the sale in execution of stand number 1898 Marlborough Township 23 of Marlborough following a judgment that was granted in favour of the first respondent. The property is owned by the applicant. More
This application has its roots in a matrimonial dispute between the applicant and respondent. The background is as follows: - On the 15th of June 2018, MUSHORE J gave an order in HC 4882/18 in which the respondent was interdicted from taking away, removing and or in any way disposing of any of the assets held under the family companies and family trust listed on the confirmed interim relief pending finalisation of divorce proceedings in case no HC 5020/18. The order also compelled the respondent to return forthwith certain assets as specified and to also prohibit the respondent from removing... More
On 29 June 2015 arbitrator P Chirongoma issued an arbitration award. In terms thereof he ordered appellant to pay respondent a sum of $1 514.00 in respect of notice pay, cash in lieu of leave and underpayment of wages. Appellant then appealed to this court against the award. Respondent opposed the appeal. More
The applicants are importunate. They want back their money – $142 000 – all in the currency of the United States dollars [USD]. If the first respondent, their banker, will not pay, then the second and third respondents, collectively the monetary authorities, should. The applicants allege these monetary authorities are partly the reason the first respondent will not pay. The applicants want a whole range of some financial legislation, and certain monetary policies or directives, set aside on the grounds of constitutional invalidity. They first came to this court in 2019. The subject matter was the same. This court ruled... More
This is an urgent chamber application, filed on a certificate of urgency, for leave to execute an order of this Honourable Court pending the determination of an appeal noted by the first and second respondents against the judgment by the HONOURABLEJUSTICEKWENDA handed down on 16 September 2021 under judgment number HH505-21.
The background facts are that the applicant filed an urgent chamber application for an interdict under case number HC 3589/21. The application was struck off the roll because the relief sought by the applicant in the interim and final orders was found to be the same. More
This is a chamber application for a provisional order, wherein the applicant seeks a temporary interdict restraining the 1st to 6th respondents from infringing upon its property rights. Reference to the respondents in this judgment will exclude the 7th and 8th respondent because the 8th respondent is an officer of this court mandated to execute its judgments who has no interest in the outcome of the matter and there is no order sought against the 8th respondent. More
The applicant filed the above application on 9 October 2002, seeking an order restraining the respondents from interfering in the applicant’s relationship with its staff and specifically barring the respondents from representing the interest of its staff in matters affecting conditions of service of its staff. The application was opposed. More
The applicant (“POSB”) prays for an order in the following terms; -
i) “Condonation of the late filing of an application for rescission of a default judgment entered into on 27 January 2023 under HCHC 485/22 (“application for condonation”); and
ii) The rescission of the said default judgment under HCHC 485/22 (“application for rescission”). More
On the 12th of March 2021, I discharged in an ex tempore judgment an application to confirm a provisional order sought by the applicants. I have been requested to give reasons and these are they. More
The applicant Peppy Motors (Private) Limited is seeking an order that-
“1. The 1st and 2nd Respondents or any of their agents and or employees, or anyone acting on their behalf or on his own are ordered to release and restore possession into the applicant and or its agents or employees’ custody within two (2) days of this order failure which the Sheriff of the High Court is hereby ordered and directed to do all things possible to restore possession and cause release into Applicant or its agents or, its employees’ custody and possession of the following motor vehicles:-
a.... More
The applicant seeks the rescission of a judgment entered against him in default by this court on 26 June 2008. The effect of the order was to cause the eviction of the applicant and all those claiming occupation through him from residential premises described in the order as 1075 Chipadze Township Bindura. Only the first respondent opposed the application and I will hereinafter refer to it as the respondent.
The facts which are common cause are as follows. The applicant was until November 2007 employed by the respondent. By dint of his status as an employee the applicant was allocated... More
Following the plaintiff’s and the first defendant’s divorce in the Magistrate’s court at Norton, they were both awarded equal shares in house number 4334 CABS, Ngoni, Norton. The first defendant subsequently sold the house to the second defendant. More
The applicant seeks a review of a decision made by the first respondent in respect of his application for registration of a special prospecting license for claims at Silverside Mhangura in Mashonaland West. The first respondent rejected the applicant’s application in a letter appearing at p 44 of the record which letter will be analyzed in fuller detail in the course of the judgment, and herein after referred to as the rejection letter. More
