This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The relief sought is that:
1. Judgment in case HC 1805/12 entered against applicant on 28 March 2012 be and is hereby rescinded.
2. Applicant is granted leave to supply further particulars requested by first and second respondents under case HC 11517/11 within five (5) days of the date of the granting of this order.
3. First and second respondents pay costs of suit on a legal practitioner client scale if opposed to the application. More
The material facts of this matter are to a large extent common cause. The parties however led evidence and I shall summarize this in due course.
It is common cause that the parties concluded a written agreement of lease in respect of Willowvale Service Station in Harare on 8 March 2006. Prior to that, the parties had concluded a similar agreement or similar agreements in respects of the same premises as the legal relationship between the parties commenced in or about 2000. More
The applicant, a retired accountant approached the court seeking the following relief against the respondents.
“IT IS ORDERED THAT
1. 1st Respondent, shall pay to the Applicant the sum of USD$72 232.87 plus interest at the same calculated at the rate of 5% per annum with effect from the 1st of November 2018, and alternatively
2. That the 1st Respondent shall pay the Applicant the sum of USD$72 232.87 or its equivalency in local currency calculated at the local exchange rate as defined by the Dutch auction system plus interest at the legal rate on the above amount calculated from... More
The appellant appeared before a Magistrates’ Court sitting at Bindura charged with the offence of contravening section 66 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] – aggravated indecent assault (5 counts). More
This is an application for change of name made in terms of s24 (2) of the Companies Act [Chapter 24.03] as well as under the common law. The purpose of this application is basically to seek an order-
(a) Directing the first to the forth respondents to change their registered names from their present names (Sheltersol Holdings (Pvt) Ltd, Sheltersol Finance (Pvt) Ltd, Sheltersol Property Development (Pvt) Ltd and Sheltersol Manufacturing (Pvt) Ltd respectively to such other names as do not contain the word “Shelter” in them.
(b) Failing compliance with paragraph (a) above, that the fifth respondent be directed... More
This is an application for condonation of late filing of an appeal. The application arises out of a determination handed down by the respondent’s Disciplinary Authority on 6 August 2019 More
The plaintiff issued summons against the defendants for the following relief:
1. That the plaintiff be and is hereby declared the rightful owner of Stand number 454 Unit Seke, Chitungwiza.
2. That the transfer of Stand 454 Unit C Seke, Chitungwiza into Gideon Musendo’s name be and is hereby nullified.
3. That the 2nd defendant cede rights, title and interest in the property aforementioned back to the plaintiff within seven (7) days of this order failure of which the Sheriff be and is hereby empowered to signal documents necessary to effect cession to the Plaintiff
4. That the 1st defendant... More
This is an appeal against the decision of the Chitungwiza magistrate handed down on 25 March 2009, awarding the appellant 15% of the value of the immovable property acquired by the parties during the subsistence of their four year unregistered customary law marriage. More
This is an appeal against a determination by the Respondent Appeals Committee which determination was handed down on 7th of November, 2019. The appeal is opposed.
The material background facts to the matter are as follows. The Appellant was employed by the Respondent as a Senior Manager. The Respondent levelled a charge of misconduct against her for participating in a procurement meeting where she along with the other members of the Committee, were said to have violated Section 52 (1) of the Public Procurement and Disposal of Public Assets Act [Cap 22:23]hereinafter referred to as the “PPDPA Act”. More
This is an application for review in which the applicant seeks the setting aside of his discharge from the Zimbabwe Republic Police. The application is opposed by the respondents. More
The brief facts to this dispute are as follows;
On 6June 2012 Honourable Arbitrator M.C. Kare gave an award the effect of which was that the employer was to pay Appellant a total sum of US$6 422, 00 for unlawfully dismissing him.
On 21June 2012, the Appellant approached the Arbitrator seeking an additional award. On 2July, the Arbitrator turned down the request and advised the Appellant to appeal to the Labour Court if he was dissatisfied with the award.
On 11July 2012 the Appellant noted an appeal against the award with the Labour Court.
On 13November 2012, Appellant entered into... More
The accused is alleged to have stabbed his wife to death with a kitchen knife after having accused her of infidelity. He thereafter attempted to commit suicide by stabbing himself with the murder weapon. More
KABASA J: This is an appeal against the refusal by the court a quo to grant the appellant bail on the basis of changed circumstances.
The background to the matter is this: The appellant was arrested in October 2020 on allegations of theft as defined in section 113 (2) (a) and fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. More
After a fully contested trial the appellant was convicted of one count of fraud in contravention of section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], and the second count for contravening s 60 (A) (3) (b) of the ZESA Act. More
