The respondent made an application for summary judgment against the appellant in the Chinhoyi Magistrates Court and obtained judgment on 28 March 2008. The notice of appeal was filed on 3 June 2008. It would appear from a perusal of the record that the learned magistrate issued an ex tempore judgment and gave his written reasons for judgment later. More
The delay in the preparation of this judgment is sincerely regretted. As can be seen from the dates of hearings the trial took long to complete. This was largely because as from 26 January 2011 the court had to adjourn on the promise that the plaintiff’s wife, one Anna Dube (Mrs Dube) would arrive from the United Kingdom to testify. After a long wait, she never came and the trial had to proceed without her.
The background to this case is as follows:-
On 2 February 2009 the plaintiff issued summons out of this court seeking the following relief:-
“1.... More
The applicant seeks the relief of specific performance. The order sought reads as follows:
“IT IS ORDERED THAT:-
1. First and second respondents be and are hereby ordered to sign all necessary papers
to effect transfer of Stand Number 653 Ruwa Township of Stand 2016 Ruwa
Township to applicant within 14 days of service of this Order.
2. In the event that first and second respondents fail to comply with the Order in paragraph 1 above, the Deputy Sheriff be and is hereby authorised to sign all the necessary papers to effect transfer of Stand number 643 Ruwa Township of... More
The plaintiff herein issued summons against the two defendants out of this court on 13 April 2010. The plaintiff claim as endorsed on the face of the summons was for relief as follows:
a) Delivery to the plaintiff of the equipment described in Annexure ‘A’ to the plaintiff’s Declaration;
b) alternatively payment of the sum of US $34 959.42
c) Interest thereon at the prescribed rate from date of judgment to date of final payment; and
d) Costs of suit. More
It is a simple claim by the plaintiff. The plaintiff alleges it was mandated by the defendant to find a purchaser for the defendant’s property viz 30 Southerly Road, Hillside, Harare, technically referred to as stand 8394 Salisbury Township.
The basis of plaintiff’s claim was that it introduced one Rodgers Kativu to the defendant and to the property in question. It was the plaintiff’s averment in its declaration that as a direct result of its involvement, Rodgers Kativu offered to purchase the property for $60 000 and the defendant accepted this offer and that the property was subsequently disposed of... More
The applicant seeks an order evicting first respondent from the premises known as House No. 50 Nzungu Street, Zengeza 1, Chitungwiza (the property). More
From the papers filed coupled with the detailed submissions made by both counsel it is apparent that the applicant and the first respondent are literally fighting over the ownership of stand number 7953 Tynwald of Stand 7739 Tynwald Township, Harare.
The conflict between the two parties has manifested itself mainly over the control of the educational activities which are taking place within this stand. Both parties are laying claim to these educational activities.
The applicant has sought to be granted interim relief interdicting the first, second, third and fourth respondents from interfering with the running of the educational institution pending... More
