The plaintiff, a company with limited liability and carrying on business in Harare, was desirous of procuring two luxury vehicles. It sourced these vehicles from a supplier in London, England, going by the trade name of Stenham Global Services Limited. It obtained proforma invoices for the two purchases. On the invoices, the buyer was indicated as ZIMOCO LIMITED and the plaintiff as the consignee. It is common cause that armed with the invoices, the plaintiff approached the defendant with a request that it arranges for the payment due in terms of each invoice. More
The plaintiff company is the former owner of Mount Shannon Estates commonly known as Mount Lothian Estates measuring 572.67 hectares in extent situate in the district of Goromonzi. The plaintiff’s representative, Mr Christopher Geoffrey Tracy is a respectable grand old man of 83 years of age. He is the Chairman of Plaintiff Company and former occupier of the farm in dispute He has held positions of honour in various corporate bodies during his hay days. He is the former director of the Agricultural Marketing Authority, the former chairman of T S L and Zimbank. More
The first applicant the Movement for Democratic Change is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant Mr Morgan Tsvangirai is its president. He was the first applicant’s presidential candidate in the just ended harmonized elections held on 29 March 2008. He will be referred to as the second applicant. More
This matter was placed before me through the chamber book as an urgent application on March 10, 2008. Applicant seeks the following provisional order against the respondent:
“Pending confirmation or discharge of this provisional Order;
1.The respondent be and is forthwith hereby interdicted and restrained from using the applicant’s name and materials and posters resembling the applicant’s materials and posters in his campaign for the House of Assembly seat of Mabvuku-Tafara.
2. The respondent be and is hereby ordered to forthwith remove the posters he plastered in and around the Constituency, failing which the applicant’s structures in Mabvuku-Tafara Constituency be... More
On 21 April 2006 the plaintiff issued summons out of this claim for payment to him for damages in the sum of $10 billion. The claim as framed in the summons and declaration is in the following terms:
a) payment of ten billion dollars owed by the defendants to the plaintiff being defamation damages suffered by the plaintiff as a result of a defamatory letter published by the defendants of and concerning the plaintiff in or about August 2004. The amount is due and payable but despite demand the defendant refuses, neglects or fails to pay.
Alternatively
b) payment of... More
On 31 March 2008, a silver C180 Mercedes Benz was stolen at gunpoint in Capton Park, South Africa. On 5 April 2008, the applicant presented the motor vehicle for customs clearance at Chirundu Border Post, en route to Zambia. He was in the company of another, a Zambian national, William Mbiya Kalala. The applicant presented the registration of the motor vehicle to customs officials and this was found to be false and not tallying with the numbers punched onto the body of the motor vehicle. He was arrested and charged with possession of a motor vehicle reasonably believed to have... More
On 14 November, 1995 the parties concluded a written lease agreement in terms of which the respondent leased the applicant’s premises at stand number 1642 Bluff Hill situate at Westgate Shopping Centre. The lease was to ensure for a period of ten years with effect from 1 April, 1997 expiring on 31 March 2007. Clause 32.3 of the written contract precluded the respondent from altering its shareholding without the applicant’s prior written consent. More
