The applicant claims the return of the movable property itemized in para a of the interim relief. The applicant has failed to establish ownership of the five trucks and six as itemized. More
This is a contested action in which the plaintiff seeks damages for defamation in the sum of US$20 000-00, interest thereon from 21 July 2009, being the date on which summons was issued, to the date of payment in full and costs of suit. More
The applicant is a Pakistan national who has been resident in Zimbabwe under the cover of a temporary employment issued by the first respondent on 7 June 2008. He has since been involved by way of employment in the purification and bottling of drinking water. He has done so in partnership with others. In May 2010 he and his partners obtained an investment licence in terms of the Zimbabwe Investment Authority Act [Cap 14:30]. Thereafter he sought to submit an application for a residence permit as an investor. He was advised that his file was missing and that he must... More
I have had the privilege of hearing counsel in this matter both on the question of law and the facts relating to this case. I propose to adopt a wholistic approach.
The question of law
It is the settled legal position that in order to be granted interim interdict the applicant must satisfy the following requirements:
a) that the right which has prompted the applicant to make the application and which right they seek to protect is clear or if not clear is prima facie established though open to some doubt;
b) that if the right is only prima facie... More
: When we adjourned yesterday I had asked counsel to prepare heads of argument to give the court a broader and a more informed perception of the issues that occupied all of us yesterday. Immediately the parties had left my chambers and as I embarked on my crash research exercise, I realized I was able to come up with a decision unaided by counsel. More
In this urgent chamber application the applicants seek a spoliation order couched as follows:
“It is ordered that:
1. That applicants’ their employees, agents or invitees possession to Lot 8 of Newcastle also known as Silverton Estates in the District of Chipinge be restored.
2. That first to third respondents and all others acting through them provide free and unfettered access by applicants, their employees, agents or invitees to Lot 8 of Newcastle.
3. That the Deputy Sheriff, should it become necessary, be and is hereby authorized and empowered to attend to the removal of first to third respondents and... More
The applicant is a 28 year old polygamist with four wives. He is in remand prison on allegations of having raped the 13 year old complainant. The facts leading to the alleged rape are somewhat common cause. The applicant is alleged to have entered into a forced marriage with the complaint with the connivance of her father much to the chagrin of her mother. More
