The plaintiff is resident in the United Kingdom. Sometime in 2003, he telephoned one Simbarashe Sagonda and Thomas Makwangudze, relatives of his, to proceed to view a property that was being offered for sale through the agency of the second defendant. The property, whose description and location in Ruwa was known to the second defendant’s property negotiator, “Nyasha”, is owned by the first defendant who holds freehold title to the land. More
The applicant has made numerous applications in pursuit of bail pending appeal. The record shows he filed an application for bail pending the determination of an application for leave to appeal out of time which was pending under case number CON 319/19. That application was filed on 7 November 2019. The applicant filed a supplementary bail statement on 9 December 2019. The application was removed from roll by NDEWERE J on 14 November 2019. The reason for the removal of the application from the roll was that the applicant was required to first obtain leave to appeal out of time... More
This is an application for leave to appeal to the Supreme Court. The application is at the instance of the applicant bank which was irked by the labour court’s decision to dismiss its appeal where it challenged the decision of the NEC Appeals board decision to remit a labour dispute between the employee and the bank More
On the 9th of August I granted the applicants an interim order in the following terms:
“That pending the determination of the main matter being the case of CBZ Bank Limited v Hothfield Enterprises (Pvt) Ltd and Ors HC 12629/16, the applicants are granted the following relief: More
This is an appeal against the whole judgement of the High Court.
The facts of this case are common cause.
On 28 November 2011, the Deputy Sheriff attached immovable property known as stand number 1301 Tynwald South Township of Stand 1042 Tynwald South measuring 383m2, registered under Deed of Transfer No. 9072/2008 (hereinafter referred to as the property). The attachment was pursuant to a writ of execution issued in favour of the appellant (the judgment creditor a quo). The appellant had obtained judgment against one Nompiliso Maphosa in case number HC 6553/11. More
This is an urgent application in which the applicant seeks a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That pending the determination of an appeal in SC 697/18 the 1st, 2nd, 7th and 8th respondents or their agents or anyone taking instruction from them be and are hereby interdicted from initiating or proceeding with the process of executing the court order in HC 5328/17 including the transfer of rights and title to anyone in... More
The plaintiff issued summons against defendant for the payment of $47 714.24, interest at the rate of 28% per annum capitalised monthly from 1 June 2013 together with costs on a legal practitioner and client scale. The claim was based on a working capital loan and input facility scheme which the parties entered into on 18 October 2009. More
On 7 November 2012 the respondent (plaintiff in the main matter) issued summons against the excipients(second and third defendants in the main matter). The respondent’s claim was for:- More
Plaintiff issued summons against the defendantclaiming
$150 000 plus 28% interest per annum arising from the defendant’s alleged negligence and breach of professional duty. The negligence arises from disbursing to the sellerthe purchase price of properties sold to the purchaser before registration of transfer into the name of the purchaserand registration of mortgage bond in favour of plaintiff which funded the transactions. More
The appellant and the respondent were in a banker-customer contractual relationship. The respondent operated a current account and a fixed deposit account with the appellant Bank. More
On 3 October 2016, plaintiff issued out summons against the defendant claiming a total of $85 773.69 arising out of a loan agreement.
In his plea, the defendant admits the loan of $10 000 but denies any other loan in excess of that. He also pleads prescription and counterclaims for cancellation of the mortgage bond securing his indebtedness. However, at the commencement of the trial, the defendant admitted liability as claimed save that he disputed the quantum of the balance. The parties agreed to proceed to trial merely on the issue of quantum. More
This is an application for summary judgment in terms of r 64(1) of the High Court Rules,1971. Applicant sought to recover an amount of US$445 740.93 being monies due and owing in terms of overdraft and loan facilities extended to the respondents. More
The plaintiff is a corporation registered in terms of the laws of Zimbabwe. The defendant is also a corporation registered in terms of the laws of Zimbabwe. The defendant accepted appointment as a reinsurance agent of the plaintiff whose duties included delivering communications from the plaintiff to its reinsurers. More
In this matter the applicant applies for default judgment. The chamber application does not specify the rule which is being relied upon for seeking default judgment. More
