The background to this matter is as follows: - The applicant entered into an agreement of sale with the first respondent in respect of an immovable property being an undivided 3.14690411% share being share number 18 in certain piece of land situate in the district of Salisbury called stand 1282 Salisbury township measuring 892 square metres held under Deed of Transfer Number 2538/2017. The agreement was signed by the applicant on 22 August 2017 and by the first respondent on 27 August 2017. More
This is an application for leave to execute judgment pending the determination of an appeal against the judgment of this court dated 24 January 2012. The background to this application is as follows: More
The applicant filed this urgent chamber application claiming the following relief which is quoted verbatim with its grammatical errors as set out in the draft provisional order:
“TERMS OF THE FINAL ORDER SOUGHT More
The appellant is aged 22 and was a student at Africa University in Penhalonga, Mutare. In count 1 the State alleges that on 12 February 2019 at around 1600 hours, Desire Gwaturi, first complainant was in his room K17 when the appellant came to him looking for a hard drive. Complainant told appellant that the hard drive was in the adjacent room to his. Complainant accompanied the appellant to the room and when complainant returned to his room, he found his Samsung S. 3 blue in colour missing. Appellant later on admitted stealing the cell phone. The cell phone is... More
On 7th March 2013 the Honourable M. Dangarembizi made an arbitration award. In terms thereof he ordered Appellant to pay 2nd Respondent an amount of $14,706.04 in respect of union dues collected from 1st Respondent. Appellant then appealed to this Court against the award. More
At the onset of oral argument in this Court, respondents made an oral application for condonation of the late filing of their Response. Appellant opposed the application.
It is common cause that the notice of appeal was served on respondents on 22nd June 2023. They were required to file a Response on or by 6th July 2023. They only filed their Response on 13th July 2023. They were 5 days out of time. Respondents’ attorney stated, from the bar, that they had problems in uploading the Response onto the Court’s IECMS platform over the 5 days. They also tried using... More
This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed.
The requirements for a default judgment to be rescinded are as follows:
1. Whether or not the applicant was inwilful default.
2. Whether or not the application is bona fide;
3. Whether there are prospects of success should the matter be heard on the merit More
Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was the Licensor and defendant the Licensee. Plaintiff who is the owner of property known as Fife Street Service Station allowed defendant to occupy and utilize the service station on terms agreed in the said agreement. The agreed duration of the agreement was one (1) year from the 1st June 2018 up to the 31st of May 2019. In terms of... More
The plaintiff issued summons out of this court on 8 September 2009. It sought an order confirming the cancellation of the lease agreement it had with the defendant, the eviction of the defendant and all those claiming occupation through it, arrear rentals, holding over damages, interest and costs of suit. The summons was served on the defendant on 9 September 2009. The defendant entered appearance on 11 September and filed its plea on 30 October 2009. More
The applicant is a body corporate operating in Zimbabwe. The 1st respondent is the executor of the estate of Jeoffry Sakala, who died on the 12th of January 2004. The 1st respondent is legally representing himself in the present proceedings. The 2nd respondent is the Master of the High Court and is cited in his official capacity. More
This is an application filed by the applicant company against the respondent on 31 October 2011, to confirm the cancellation of the marketing licence agreement between them, his eviction and that of his assignees, invites, sub-tenants or any other persons claiming occupation through him from the service station, the payment of US$20 737.03, interest at the prescribed rate, collection commission in terms of the Law Society by-laws and costs on the scale of legal practitioner and client. The respondent opposed the application on 18 November 2011. More
The respondent was served with the applicant’s heads of argument on 13 February 2012. In terms of r 238 (2a) of the High Court of Zimbabwe, Rules 1971, the respondent was required to file its own heads of argument within fourteen days after delivery of the applicant’s heads of argument upon it. More
TAKUVA J: After hearing the parties on 8 July 2019, the court made the following pronouncement:
“The appeal be and is hereby dismissed with costs.”
Subsequently, counsel for the appellant filed a request for full reasons for our decision.
Hereunder are the full reasons.
This is an appeal against the entire judgment of the Magistrates Court granted in favour of the respondent. More
The applicant, Tour Operators Business Association of Zimbabwe (TOBAZ), is an association of registered tour operators. Among other things, it buys and arranges insurance services for foreign tourists, including motor vehicle insurance for foreign vehicles entering Zimbabwe. More
