In this matter, the applicant is desirous of an order for the eviction of the respondent from its mining claims. In addition, applicant seeks to interdict the respondent from continuing to mine its claims more fully described as Rushingo Dolomite 2, 3, 3A, 4, 5, 6 and 7. Prior to said claims being purchased by the applicant, the claims were mined by the respondent through a tribute agreement which respondent had entered into with Agricultural& Rural Development Authority (ARDA). The tribute agreement expired on the 7th September 1989. ARDA sold the claims to the applicant in 2009 thus giving the... More
The applicant and the first respondent as cited in the heading are duly incorporated companies in terms of the laws of Zimbabwe. The two companies are at logger heads over mining titles and rights to mining claims described as:
a) Rushinga Dolomite 2 Reg No. 37309 BM
b) Rushinga Dolomite 3 Reg No. 37312 BM
c) Rushinga Dolomite 3A Reg No. 37313 BM
d) Rushinga Dolomite 4 Reg No. 37311 BM
e) Rushinga Dolomite 5 Reg No. 37310 BM
f) Rushinga Dolomite 6 Reg No. 37308 BM
g) Rushinga Dolomite 7 Reg No. 37307 BM
The applicant prays for an... More
This is an application for the variation of an order for custody in respect of three minor children. On the 10th of March 2016 this court granted the parties an order for a decree of divorce and other ancillary relief. The respondent was granted custody of the three minor children of the marriage by consent. Applicant was granted reasonable rights of access to the minor children.
Sometime in 2018, the applicant approached the Magistrates’ Court seeking a variation of the custody order. In that application, applicant indicated that respondent was his former wife and that the parties had been divorced... More
On 14 December 2016 the plaintiff issued summons against the defendant, a peregrine, in terms of which it sought to recover the sum of $30 963.95 being the value of a consignment that was consumed by the defendant. It also claimed interest at the prescribed rate and costs of suit. More
Defendant brought an urgent chamber application seeking a provisional order under which the following interim relief is sought.
“1. That the respondent be and is hereby prohibited from suspending the applicant’s
agent’s bond pending the return date of this order.
2. That the respondent be and is hereby prohibited from suspending the applicant’s bond
unless and until the respondent has complied with the provisions under section 3 (2)
as read with section 216A of the Customs and Excise Act [Chapter 23:02].
3. That the respondent be and is hereby prohibited from suspending the applicant’s
Agent’s bond until such time the... More
Applicant who resides in Germany approached this court seeking the appointment of one Pepukai Mabundu as a curator ad litem of Samantha Mercy Muriva (Samantha), born on 14 September 1996. Applicant and 1st Respondent are the biological parents of Samantha. More
The applicant was convicted by a Regional Magistrate at Plumtree of 39 counts of fraud in contravention of section 136 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant was sentenced to a total of 14 years imprisonment of which 3 years was suspended for 5 years on the usual conditions of future good conduct, a further 5 years was suspended on condition of restitution. Aggrieved and dissatisfied with both conviction and sentence imposed by the court a quo applicant has filed a notice of appeal to this court. The applicant has approached this court seeking bail pending... More
OTC International GmbH (the plaintiff in case number HC 11514/16) (the first respondent herein) issued summons for the recovery of the sum of USD673 146.24. The applicant entered appearance to defend and raised three special pleas and pleaded over on merits. The matter progressed to pretrial conference stage and on the date of the pretrial conference, the applicant did not attend and its plea was struck out and judgment was entered against it in default on 2 March 2018.
The applicant learnt about the default judgment on 5 March 2018. This application is for rescission of that judgment. More
This is an application for the registration of an arbitral award. It is opposed. The facts are fairly common cause. The applicant was a former employee of the respondent. The respondent had terminated her contract of employment. She had considered the termination unlawful and had referred her case to a labour officer for conciliation in terms of s 93 of the Labour Act, [Cap 28: 02] [the Labour Actor the Act]. More
This is an application to interdict the first respondent from building and erecting structures on the applicants’ property commonly known as Stand Number 2745 Zizalisari, Mount Pleasant Heights, Harare. More
MOYO J: This is an urgent chamber application wherein the applicant seeks the following interim relief:
1. The respondent teachers’ unions together with their members who are teachers be and are hereby interdicted from boycotting classes until the return date when this matter will be finalized.
2. All the 1st to 5th respondents’ members who are teachers be and are hereby ordered to report for duty consistently within 48 hours of the granting of this order.
3. In the event that 1st to 5th respondents members refuse to or fail to comply with the order in paragraphs 1 and 2... More
The application before this court is one for rescission of default
judgment.
The salient facts are as follows: The first and second applicants are directors of a company named Plastech Design (Pvt) Ltd. The respondent herein successfully sued Plastech Design (Pvt) Ltd for a debt due to the respondent in case number HC 13679/12. The debt was for an amount of US$51 140.67. The respondent executed against Plastech Designs (Pvt) Ltd but they failed to recover the judgment debt. The respondent then sued the 1st and 2nd Applicants in their personal capacity for the US$ 51 140.67 owed to the... More
The applicant Hippo Valley Estates Limited is a Sugar Cane Miller obliged by law to accept sugar cane from growers for milling at its mills. The first respondent in almost all the cases owned farms or settlements on which the rest of the respondents claimed to have been resettled by the government.
The respondents delivered sugar cane to applicant for milling. After having accepted the sugar cane for milling the applicant was faced with two competing claims; from the 1st respondents and from the rest of the respondents. It was in these circumstances that the applicant instituted these interpleader proceedings More