The applicant seeks an order confirming that the agreement of sale which it entered into with the first respondent in respect of certain immovable property is valid and binding. Pursuant to such confirmation, it seeks an order evicting the first respondent and all those claiming their right on occupation through her from the said residential property. The property in question was identified as Stand No. 1191 Mandara Township, Zvishavane (“the property”). More
This matter came before me through the urgent chamber book. The relief sought was that the second respondent be interdicted from removing the applicant’s property which had been placed under judicial attachment pursuant to an order granted in case number HC1863/16, and that the Sheriff be further interdicted from acting in any other manner on the strength of any writ issued in respect of this order. More
There is an affiliation agreement signed on 3 October 2016 between Stiching Young Africa International and Young Africa Zimbabwe. The 2nd respondent, Young Africa International says Young Africa Zimbabwe is as a matter of fact the applicant i.e. Young Africa Trust. The applicant on the other hand says it is not the same as Young Africa Zimbabwe. Applicant dissociates itself from the name Young Africa Zimbabwe. The 2nd respondent says it derives its authority from the affiliate agreement to interfere in the affairs of the applicant. In fact, what sparked this dispute is the dismissal and termination of the applicant’s... More
The plaintiff’s claim against the defendant is for the cancellation of the verbal lease agreement in respect of two tennis courts situate at Alexandra Club, eviction of the defendant therefrom, holding over damages of $460 per month from August, 2010 to date of eviction plus costs of suit More
The applicants` counsel failed to capitalise on the facility provided by rule 53 (2) of the High Court (Commercial Division) Rules SI 123-20 (“the Commercial Court Rules”) to manage postponements. As a result, applicants failed to meet a set down commitment at 12:00 noon on 27 June 2024.I proceeded to strike its matter off the roll with costs. Applicants had in that matter sought an order to place respondent under corporate rescue in terms of section 124 of the Insolvency Act [Chapter 6:07]. More
This is an urgent chamber application in which the applicant seeks a provisional order in the following terms;-
“2. INTERIM RELIEF
2.1 Pending the final determination of the action in case No. HC 8403/12, the Applicant is granted the following relief;-
a) That the first, second, third, fourth, fifth and sixth Respondent be and are hereby
interdicted from signing or processing transfer papers to pass ownership of stand 75 Avondale Extension 2, measuring 1980 square metres from Total
Communication Media (Pvt) Ltd into the 3rd Respondent’s name.
b) The first Respondent be and is hereby ordered to place a caveat... More
Legal practitioners should keep up to date with and give cognizance to rules of the courts. They should not waste the court’s time by bringing ludicrous applications before the court. The determination of cases should not be slowed or deferred unessentially because a legal practitioner has failed to assimilate the rules. This was the case in this matter. More
A raft of measures meant to comply with the World Health Organisation (WHO) guidelines on the prevention containment and treatment of Coronavirus disease commonly known as COVID19 prompted the Minister of Health and Child Care and indeed the Government of Zimbabwe to make an order for National lockdown under Statutory Instrument 83 of 2020 on 28 March with effective date of operation 30 March 2020. The order among other important provisions provides that the supply of water and electricity services are critical and essential services. The virus is real and indeed a menace as evidenced by reports of the numbers... More
The applicants seek an order cancelling the first to seventh respondents’ title in immovable properties mentioned hereunder and the reinstatement of the second applicant’s title in the properties. The properties in issue are: More
The plaintiffs are trustees of the Leonard Cheshire Homes Trust, a trust established in terms of the trust laws of Zimbabwe. The Trust was established in 1981. The trustees, were appointed at different stages, as will be clarified in the judgment. The main objective of the trust as provided in clause 3 (i) (a) of the Deed of Trust is, More
This matter commenced as an action against seven (7) defendants by the two plaintiffs seeking:-
1. a permanent interdict barring the defendants from reproducing, selling or offering for sale exporting or otherwise dealing in their plaintiffs’ works.
2. an order that defendants account for all the profits from infringing plaintiffs’ works.
3. damages calculated at 50% of the profits made by the defendants from infringing plaintiffs’ works for the period 12/02/2009 to date of summons.
4. attachment and delivery up of all infringing copies or articles presently in defendants’ possession and five costs of suit at the attorney and own... More
From 10 to 19 December 2015 the 2nd respondent embarked on an institutional special investigative audit report at the 1st respondent’s institution following complaints that 1st respondent’s, the City Council employees were being owed salary arrears of eighteen months. Obviously the report by the Ministry was adverse and revealed anomalies committed by Mutare City Council. The applicant accessed the investigative report and offered to assist the City Council. The City Council refused and the applicant wrote threatening letters to 1st respondent and indicated to Municipality of Mutare that it was going to advise residents to boycott payment of utility bills... More
KABASA J: This is an application for rescission of judgment, a judgment granted under case number HC 2167/19 on 10th September 2019. The application is brought in terms of rule 449 of the High Court Rules, 1971. The applicants contend that the judgment was erroneously sought and erroneously granted as the 1st respondent cited therein was deceased at the time of the filing of the application and the subsequent granting of the same. The 2nd respondent cited therein was not served with the application and so could not have been adjudged as being in default. Had the Judge who granted... More
DUBE-BANDA J:
[1] This is a summary judgment application. At the moment this matter was called out, Mr Gumiro counsel for the respondents stood up intending to raise some preliminary issues for consideration by the court. Ms. Mahere counsel for the applicant objected indicating that counsel for the respondents had no right to begin. However, I allowed Mr Gumiro to place on record the preliminary issues he sought the court to consider.
[2] Mr Gumiro raised two preliminary issues; the first was that the seventh respondent is now deceased and no executor has been appointed to be substituted for him... More
