At the hearing of this matter, the respondent was automatically barred from appearing before the court as he had not filed his heads of argument within the time prescribed in the rules. A formal court application was filed on 4 September, 2007 seeking the up-liftment of the bar. The application was opposed. More
Plaintiff issued summons against the defendant seeking an order that defendant pays to her the sum of $7 000 000, 00 being damages for pain, shock suffering and contumelia suffered by her as a result of an unlawful assault perpetrated upon her person but certain members of the Zimbabwe National Army during the course and scope of their employment with the defendant on 4th June 2003 at 293/23rd Crescent, Glen View 1, Harare. Plaintiff holds defendant vicariously liable for the delict committed by members of his troop. More
This is an appeal against the decision of the Magistrates Court, sitting at Harare on the 11th of May 2007, dismissing the appellant’s application for bail. The appellant was arrested two days before on a charge of contravening section 3 of the Gold Trade Act [Chapter 21:03], viz. for unlawfully possessing gold without a licence or permit. The penalty prescribed for the offence, as recently amended, is a mandatory prison term of 5 to 10 years in the absence of special circumstances. More
The applicant seeks an order setting aside an arbitration award made by the 3rd respondent in September 2004 and compelling the transfer of Stand No. 2950, Bluff Hill, Harare, into her name. In the alternative, in the event that the property cannot be so transferred, she seeks an award of damages for the difference between the original purchase price paid by her and the prevailing market value of the property. At the hearing of this matter, counsel for the applicant accepted that the applicant’s claim should be confined to the alternative claim for damages. More
The first respondent is a cooperative body set up in terms of the Co-operative Societies Act [Chapter 24:05], (“the Act”). The second respondent is the local authority responsible for the maintenance and administration of urban land. Although it was cited and served with the application, it has not seen it fit to respond thereto. The appellation respondent will therefore in this judgment be taken to refer to the Kambuzuma Housing Cooperative Society. The applicant was one of its members. In 2001 certain allegations were leveled against him as a result of which he was suspended from being a member of... More
On the 17th October 2006 plaintiff issued summons in this court claiming the following:-
(a) A decree of divorce
(b) An order dividing the movable property of the parties in terms of paragraph 8 of the declaration.
(c) That each party pays its own costs
Defendant was served personally with the summons on the 20th October 2006.
She did not enter appearance to defend. The dies induciea expired and the matter was set down on the unopposed roll. More
The plaintiff in this matter claims payment in the sum of $120 million as the balance due in respect of money advanced to the defendant in April 2003. The defendant disputes this claim and counterclaims an amount of $24 million as having been overpaid to the plaintiff under their loan arrangement. More
