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
This is an application for summary judgment.
The plaintiff issued summons against the defendant on 10 September 2009 claiming the following:
1. Payment of the amount of US$52 579.51 with interest thereon capitalized monthly at the rate of 12 % per annum from 7 September 2009 to date of payment in full;
2. Costs of suit on the scale between legal practitioner and client together with collection charges
3. An order declaring the mortgaged property to be especially executable. More
On 9 January 2007 the plaintiff herein instituted proceedings against the defendant by way of summons for an order for its ejectment from three immovable properties. The defendants filed papers in defence of the claim and in due course the matter was referred to a judge in chambers for the holding of a pre-trial conference. Issues for trial were agreed by the parties at the pre-trial conference and thereafter the matter was referred to trial. When the matter was called for trial Mr Uriri on behalf of the defendant indicated to the court that the defendant had a preliminary issue... More
This is an urgent chamber application for stay of execution pending review. The relevant background to this matter is as follows. On 14 December 2009, the regional court sitting at Harare convicted the Applicant Bank of contravening s 136 of the Criminal Law [Codification and Reform Act] [Cap 9:23] and sentenced applicant to pay a fine of $500.00 and also ordered applicant to compensate first respondent the sum of $250 000.00 .The learned Magistrate suspended the payment of the fine to the next day, 15 December 2009. Immediately after the sentence, applicant noted an appeal against both conviction and sentence.... More
The plaintiff and defendant married on 28 June 2002 in Finland. No children were born of this union. In December 2007 the plaintiff moved out of the matrimonial home and on 30 April 2008 he issued summons out of this court seeking a decree of divorce and other ancillary relief. The defendant opposed the claim on the basis that the marriage had not broken down. She also claimed movable property and an immovable property known as Stand 9 Dorset Road, East Avondale Harare. At a pre trial conference held before a judge in chambers the defendant applied to amend her... More
The plaintiff issued summons out of this court on 4 June 2009 seeking US$10 000-00 adultery damages against the defendant. On 3 February 2010 she reduced the amount to US$5 500-00 being US$3 000-00 for loss of consortium and US$2 500-00 for contumelia. The defendant contested the trial. More
This is an application for a spoliation order pursuant to applicants’ conviction for contravening the Gazetted Land (Consequential Provisions) Act [Chapter 20:28]. Having been convicted and sentenced on 26th January 2010, they were also ordered to vacate the land not later than 5.00 p.m on 27th January 2010. The basis of the present application is that the applicants were forcibly dispossessed of the land by first to sixth respondents. More
