This is an application for rescission of judgment. After hearing argument, I dismissed the application with costs on a legal practitioner and client scale. The applicants have requested written reasons for the decision. These are they.
[2] The facts of this matter are that the order sought to be rescinded was granted on 1 February 2023. The deponent to the founding affidavit in support of the application is Mr Machingauta. The deponent avers that he is counsel of the applicants, i.e., respondents in HC 2551/20 the main matter. He depones that he misdiarized the set down date in the main... More
On 12 February 2020, the High Court handed down judgment directing the appellant to refund to the respondent the sum of ZWL 545 058, 14 together with interest at the prescribed rate reckoned from September 2002. It also ordered the appellant to pay the respondent’s costs of suit. This appeal is against the whole of that judgment.
BACKGROUND
On 18 June 2002 the respondent, which is anincorporation registered in Zimbabwe, purchased 30 motor vehicles from Japan which were quickly shipped to Durban in South Africa on 29 July 2002. On 2 August 2002 the Minister of Finance published General Notice... More
The applicant is seeking a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The application was prompted by a dispute arising from an amendment to the Dadaya Mission Trust Deed and the appointment of the second to fifth respondents as trustees.
From the onset, Mr Chidyausiku took the preliminary point that the first respondent is barred on account of filing heads of argument beyond the prescribed period. He moved that judgment be granted on an unopposed basis. The first respondent’s heads of argument were filed on 28 August 2018 despite having been served with... More
The debate over what came first, the chicken or the egg has never been resolved to finality. In casu, however, the question of what is in a chicken has a one- word answer to the plaintiff and the defendant - ‘everything’. Even more intriguing is the use of the word ‘luv’ by both of them in their registered trademarks. More
This an application for condonation for late noting of appeal and review of the decision leading to the appellant’s loss of her job with the respondent employer following disciplinary proceedings where she was accused of having engaged in conduct which was inconsistent with the dictates of her employment More
The late Mariana Moyo died intestate prompting the administration and management of her estate to be placed in the hands of the 1st respondent as the Executrix Dative on 19 March 2012. It would appear that the appointment of the 1st respondent was brought about by the deceased’s relatives together with the beneficiaries of the estate. This estate appears to be facing a number of challenges as evidenced by this application. More
In this application, the applicant attached in execution certain movable goods listed in annexure B to the application. The goods were attached for execution to satisfy a judgment of this court in the case Tian Ze Tobacco Company (Pvt) Ltd vLawrence Katsiru Case No. HC 2100/14. The two parties are the judgment creditor and debtor respectively. In terms thereof the judgment creditor caused the issue of a writ of execution to recover an amount in excess of $224 003-16 and execution costs. More
All the parties in this case claim to be members of the Anglican Church but belonging to rival factions. They are however engaged in vicious Court battles concerning their legitimacy and entitlement to Church property. More
Judgment in this matter has delayed because of my reassignment to the criminal division soon after I had heard and reserved judgment in this and several other opposed applications. It has been a challenge to get time to devote to writing the reserved judgments as the criminal court has been busy and kept me on my toes. The delay is however regretted and was not intended. More
[1]This is a court application for a declaratory order and consequential relief. The applicant approached the court in terms of s 85 of the Constitution of Zimbabwe, 2013 (“the Constitution”) as read with s 14 of the High Court Act [Chapter 7:06]. The applicant seeks an order in the following terms: More
This is an opposed chamber application in which the applicant, Angela Madamombe, is cited in her capacity as executrix dative of the estate of the late Godfrey Madamombe. The applicant is the daughter of the late Godfrey Madamombe. The first respondent is a buyer of the property in dispute. The second respondent is cited in his official capacity as the Registrar of Deeds, Bulawayo. More
This case involves a dispute over the transfer of property formerly owned by the late Godfrey Madamombe, who died on 25 July 2017. Before his death, Mr. Madamombe signed a power of attorney on 17 November 2016, authorising conveyancers to transfer the property to the 1st Respondent, Tawanda Malani, pursuant to a sale agreement. However, the actual deed of transfer was registered after his death. More
The applicant is the Estate of the late Jean Moir Hedley, represented by John Moir Rosslyn Hedley in his capacity as its curator bonis. The first respondent Angwa City Investments (Pvt) Ltd purchased a flat belonging to the applicant’s estate. The applicant is challenging the legality of that sale. The second respondent Saint Sebastian Estate Agents, is the first respondent’s Estate Agent with a mandate to manage the flat in dispute. The third respondent the estate late Israel Gumunyu is cited for the involvement of the late Israel Gumunyu, in the sale of the applicant’s flat without the Master’s authority,... More
The applicant, Reason Masomera, seeks a review of the Master of the High Court’s decision in which he removed him as the executor of the estate of the late Rosemary Mashata. This is said to have been done un-procedurally and without consultation.
There are certain common cause facts. The late Rosemary Mashata died on 22 July 2009. Reason Masomera and Eliot Masomera, who are the applicant and the first respondent respectively, were her natural sons. Reason Masomera was appointed by the Master in 2010 as the executor of his late mother’s estate. The Master is the second Respondent in this... More
