The plaintiff in both cases is a company incorporated in terms of the laws of the Channel Islands. The defendant in both cases is a company registered in terms of the laws of Zimbabwe. It between 1998 and 2004 mined diamonds at Riner Ranch Mine in Beitbridge. It had been authorised to do so in terms of a compromise agreement which enabled the plaintiff to come out of liquidation. The mine belongs to the plaintiff. More
The applicant is a company duly incorporated in terms of the laws of Zimbabwe. It carries on the business of electrical engineering. The first respondent was its employee. He was its Chief Executive Officer. He tendered his letter of resignation on 8 February 2010. The second respondent is the first respondent’s company duly registered in terms of the laws of Zimbabwe. It like the applicant carries on the business of electrical engineering. More
The plaintiff herein sues in his capacity as the executor dative of the estate of one Ralph Simon Lapin. He seeks, inter alia, an order ejecting the defendant from 120 Harare Drive, Marlborough, Harare (the property), arrear rentals and holding over damages, together with interest and costs on a higher scale. The defendant, who is now a statutory tenant, challenges the plaintiff’s locus standi and also resists the claim on several substantive grounds. In any event, as appears from the Joint Pre-Trial Conference Minute, he admits having breached the lease agreement by the non-payment of rentals. More
This case demonstrates what befalls a matter between various parties if it is not pursued to finality expeditiously. It also shows what a change of legal practitioners entails where subsequent practitioners have no inkling of the previous processes. More
On 20 August 2010 I dismissed this application with costs. The applicant has now placed before me a written request for the full reasons behind my dismissed of its application. The applicant says it needs the reasons because it intends to file an appeal in the Supreme Court urgently. I give here below the reasons for my ruling. More
The first applicant is a public company listed on the London Stock Exchange. The second to fifth applicants are Zimbabwean companies duly incorporated in terms of the laws of Zimbabwe. They are wholly owned subsidiaries of the first applicant. The second to fifth applicants are holders, of registered mining claims, in the Chiadzwa diamond mining area of Manicaland. Their claims have been subjected to cancellations and litigation over such cancellations. The claims were declared valid by HUNGWE J in HC 6411/07. The respondents appealed against that decision to the Supreme Court, were the appeal is still pending. More
At the commencement of the trial, the plaintiff sought an amendment to its claim by the deletion of the amounts of fourteen billion eight hundred million and six hundred and sixty six billion dollars and their substitution with the amounts of US$ twenty two thousand five hundred and sixty dollars and one million fifteen thousand four hundred and seventy dollars respectively, the first amount being the replacement cost of one vehicle and the second amount being the global sum for forty five brand new trucks. I granted the application to amend in the face of opposition from Mr Kamudefwere and... More
