: When we adjourned yesterday I had asked counsel to prepare heads of argument to give the court a broader and a more informed perception of the issues that occupied all of us yesterday. Immediately the parties had left my chambers and as I embarked on my crash research exercise, I realized I was able to come up with a decision unaided by counsel. More
This is an appeal against a judgment of a Magistrate sitting at Masvingo. At the centre of the dispute is a Toyota Corona motor vehicle registration number AND 4042 (hereinafter called the vehicle). The vehicle was sold to appellant by first respondent. What transpired thereafter is not agreed between the parties. The appellant and 1st respondent were plaintiff and defendant respectively in the court a quo.
When referring to the proceedings before the Magistrates Court I will refer to them as plaintiff and defendant. More
Appellant’s three grounds of appeal were that
- “the nature of offence of suspected theft does not exist in the code of conduct.
- Respondent is acting on hearsay without sufficient evidence.
- He is victimizing appellant who reported of theft 3 days earlier” More
On 13 March 2015 the plaintiffs issued summons against the defendants. In their prayer they were asking for:
“1. An order for eviction of the 1st defendant and all those claiming occupation through her from Stand 9568 Budiriro 5B, Harare.
2. An order that the 2nd defendant against payment of the balance of US$1 700.00 (one thousand seven hundred United States dollars) tenders cession to the plaintiffs of Stand 9568 Budiriro 5B, Harare. More
This is an appeal from a decision of an arbitrator who dismissed appellant’s claim on the basis that it had prescribed.
The background to this case is somewhat disputed. The appellant was employed by the respondent as a farm manager until the contract of employment was terminated by respondent in 2007. The appellant filed a complaint with the Ministry of Labour at Karoi for unfair labour practice. No certificate was issued since parties agreed to give the employment relationship another chance. According to appellant the employment relationship continued to be acrimonious and he sought to resuscitate the 2007 matter before... More
This application will be better understood against the background that follows. The applicant and the first respondent were involved in a dispute over a mining claim. In Case No: HCH 6627/23 (per MHURI J) this court sitting in Harare issued an order for the eviction of the applicant from a mining claim called Sandawana AV8 More
These are interpleader proceedings in which the property which was attached by the applicant to satisfy a debt owed to the judgment creditor and for which the judgment creditor obtained judgment was claimed by the claimant. More
Six persons constitute the judgment creditor. They worked for Cost Benefit Holdings (Pvt) Limited, the judgment debtor. They took the judgment debtor to arbitration. More
This is an interpleader application. The applicant gave notice pursuant to Order 30 Rule 205 as read with Rule 205A of the High Court Rules, 1971, calling upon the claimant and the judgment creditor to deliver particulars of their claim to the attached property within 10 days of service of the notice. The application is opposed. The claimant claims ownership of the attached goods namely; a Power Star Tipper Truck registration number ADS 3780 and 2 Hammer mills. The judgment creditor avers that the attached property belongs to the judgment debtor. More
TAKUVA J: This is an interpleader application filed by the applicant in terms of Order 30 rule 205A as read with rule 207 of the High Court Rules, 1971.
FACTS
The judgment creditor obtained judgment in case No. HC 10259/19 (High Court Harare). Pursuant to that judgment, it instructed applicant to attach certain property that appears in Annexture A which is the Writ of Execution. The property so attached is being claimed by claimant. The claim is opposed by the Judgment creditor. More
The judgment creditor, Windward Capital (Pvt) Ltd obtained judgment in case number HC 12979/16 against Adrian Paul Hoyland Read (the judgment debtor). In terms of the judgment provisional sentence was granted against the judgment debtor who was ordered to pay the sum of US$61 7 661,03 together with interest at the rate of 9% per annum and costs of suit. Pursuant to the grant of this order, the judgment creditor caused a writ to be issued in respect of a piece of land situate in the District of Wankie called stand 598 Victoria Falls Township (the property), held by Senanga... More
These interpleader proceedings stem from an attachment of mining equipment carried out by the applicant at Mbada Diamonds (Pvt) Ltd, [hereinafter referred to as Mbada] in Chiadzwa, Mutare. More
On 31 January, 2023, I delivered the order dismissing the claim for Caterpillar D6H Grader (hereinafter called “the Grader”) instituted by the Claimant namely Franklin and Sons (Private) Limited (hereinafter called the “the Claimant”) against the Judgment Creditor namely Saunyama Transport (Private) Limited, (hereinafter called “the Judgment Creditor”. The claimant subsequently requested for the reasons of the Order. This judgment, therefore, is meant to supply the reasons for the order of 31 January 2023. More
