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Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that: “The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.” The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More

This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro Township of Willowvale Estate held under Deed of Transfer 2686/98, pending finalization of applicant’s suit against the first respondent under Case Number HC 3320/17. The basis of the application is that the first respondent is a former employee of the applicant. He was employed as the Chief Teller at applicant’s Minerva Banking Suite. As part of his day to day... More

On 10 March 2010 the plaintiff issued summons against the defendant praying for the following relief: “(a) Payment of the amount of USD80 421-84 (b) Interest thereon at he rate of 9.07% per annum (c) Costs of suit”. More

This is an application for review at the instance of the applicant bank. At the onset of the matter the parties agreed by consent that all the preliminary points bedevilling the matter be abandoned so that the matter could be dealt with on the merit. This judgement therefore only concerns itself with the merits of the matter. Two issues were raised by the review. Firstly applicant says that the Designated Agent did not have jurisdiction to deal with the matter since there were internal remedies which the employee could use to have his grievances addressed. Secondly applicant says that the... More

The applicant applies for summary judgment against the respondent in the sum of US$26 127.56 with interest at 25.8% per annum from 7 February 2014 to the date of full payment. More

Plaintiff issued summons against the defendants claiming $3 070 207.04 representing money lent and advanced to the first defendant in terms of a short term overdraft facility agreement between plaintiff and the first defendant and in respect of which second and third defendants acted as sureties and co-principal debtors. More

On 5 April 2012 respondents, under an exparte application in case number HC 3694/12, were granted an Anton Pillar provisional order by this court. The terms of the interim relief were: More

This is an appeal against an arbitral award which ordered appellant to pay USD 3045.82 to respondent being for cash in lieu of leave, back pay and damages for loss of employment. More

This is an appeal against a judgment of the High Court sitting as an Appeal Court in terms of s 65 of the Income Tax Act [Chapter 23:06] (hereinafter referred to as “the Act”). It concerns certain income tax assessments made in respect of the appellant by the respondent with regard to the years 2009, 2010 and 2011. Of the four issues which were raised in the High Court, three were decided against the appellant and form the subject of this appeal. They are: “Whether or not the appellant was entitled to claim the costs of a staff reduction exercise... More

The respondents are husband and wife. They successfully applied for a loan from the applicant. They did not service the loan. More

On 12 July 2006, the applicant instituted proceedings in this Court seeking the following relief: IT IS ORDERED THAT:- 1. That by way of a declaration of an existing and future right, that the income earned by a purchaser of a Treasury Bill only accrues for tax purposes on the maturity date of the Treasury Bill. 2. That the Respondent shall pay the Applicant’s costs on the higher scale. More

This is an application for provisional sentence. The plaintiff issued summons for provisional sentence against the defendant for $352 191.82 together with interest at the rate of 26 per cent per annum from the 1st of April 2014 to date of full payment. Such claim is based on a notarial general covering bond, a deed of hypothecation over immovable property and a personal guarantee all being securities for the banking facilities extended to the first defendant. More

The applicant sought intervention as a negotiorium gestio in HC 8581/11, an action in which the respondent sued Patience Nyangove as the first defendant and Standard Newspaper as the second defendant. More

This is an appeal against the decision of the appeals officer where he upheld the guilty verdict and dismissal penalty meted on appellant following allegations of conduct inconsistent with conditions of his contract in violation of section 4(a) of the Model Code. More

The accused was convicted after contest of raping his friend’s 13 year old sister on 18 October 2008. He was allegedly caught red handed having sexual intercourse with her by the child’s stepfather. The complainant had allegedly had previous sexual encounters with the accused on numerous occasions without making any report to anyone. This alleged offence only came to light because she was found in a compromising position with the accused by her stepfather in the house. More