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
This is an appeal against the decision of the NEC Appeals Committee for the banking sector. The background to the matter is that NEC got seized with the matter after the respondent employee and the appellant employer had been before the hearing officer and before the Grievance and disciplinary Committee (GDC). Before the hearing officer and before the GDC the employee had been found guilty of conduct inconsistent with her duties and she had been duly dismissed from employment. More
The applicant a 60 year old Insolvency practitioner appeared before the Magistrate at Harare on initial remand on 5 February 2021, facing a charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter9:23] (herein after referred to as “the Code.”).Upon being placed on remand the appellant applied to be remanded out of custody. The respondent opposed the granting of bail on the grounds of risk of abscondment and interference with witnesses. The court a quo dismissed the abscondment contention and upheld the respondent’s contention that appellant was likely to interfere with witnesses because... More
This is an opposed interlocutory application for the upliftment of bar and condonation.
After reading the papers filed of record I was convinced that this interlocutory application could have been resolved between the parties through simple engagement without unnecessary detaining the court with such an application and the parties incurring unnecessary and probably avoidable costs. The first respondent however vigorously opposed the application. More
The relief sought in this application is for a declaratory order that certain Grain Marketing Board (GMB) bills belonging to Century Discount House (CDH) and delivered to the Zimbabwe Banking Corporation (Zimbank) on 5 December 2003 are assets of CDH and that consequently the liquidator of CDH is entitled to recover from Zimbank the full maturity value of the bills, namely $4 billion ($4 million in the new currency) together with interest thereon from 3 March 2004 being the date of maturity of the bills to date of payment. More
1. This is an appeal against conviction only.
2. The appellant was, following a plea of not guilty, convicted of unlawful dealing in dangerous drugs as defined in s 156 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. She was sentenced to 48 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual conditions of good behaviour.
4. Mr Musendo correctly conceded that there was no appeal against sentence because such intended appeal was invalid. This is in view of the fact that the notice of appeal contained no prayer in respect... More
This is an appeal against the decision of the Respondent Disciplinary Authority which dismissed the Appellant on the basis of charges of corruption which were leveled against her in 2011.
The facts of the case are that the Appellant who was in the employ of the Respondent as a clerk of court based at Chipinge Magistrates Court at the time of the allegations was brought before a Disciplinary Committee facing allegations of contravening the Public Service Regulations 2000 as amended as read with the Judicial Service Transitional Regulations 2010. More
The first applicant is a director and shareholder in the second applicant, a registered company operating a trucking business. The first applicant is married to the respondent. However, on 2 November 2023, the respondent filed summons for divorce and other ancillary relief before this court in case number HCH 7124/23 and the said matter is still pending. The first applicant avers that she holds 33% shareholding in the second applicant and that the other shares were held by one Newman Ishe Chinofunga who has since relinquished his shareholding and directorship duties in the company. These averments were not disputed by... More
This is an appeal against the whole judgement of the High Court handed down on 14 March 2018, dismissing the appellant’s counter claim against the first respondent. More
MAKONI J: The plaintiff issued summons out of this court claiming damages in the sum of $100 000-00, interest at the prescribed rate from date of issue of summons to date of payment and costs of suit. More
