The plaintiff issued summons against the defendants claiming the following:
(a) The setting aside of the agreement of sale between the first defendant and second defendant;
(b) An order directing the third defendant to transfer the rights, title and interest in Flat 196 Block 40 Odzi Flats into the plaintiff’s name; and
(c) Costs of suit against the first and second defendants jointly and severally, the one paying the other to be absolved. More
This is a fairly straightforward case which in all fairness could have proceeded as a stated case since there is no dispute on the facts.
The facts which are common cause in this case can be summarised as follows:-
The plaintiff is a farmer operating from farm No. 30 Chipangayi, Chipinge District, Manicaland Province. On 1 November 2007 the plaintiff delivered 65, 413 tonnes of wheat to the defendant’s depot at Middle SabiChipangai as a result of which the two parties entered into an agreement tendered in this court as exh 2. In terms of exh 2 the plaintiff had... More
The plaintiff issued summons against the defendant on 13 October 2010 claiming:
a) Payment of US$10,360-00 being outstanding arrears accrued during the periods May 2010–September 2010 respectively for the leased commercial premises known as number 599 Galloway Road Norton. The cedant TWRE Zimbabwe Limited ceded its rights, title and interest to the plaintiff who now sues as cessionary.
b) Interest thereon on the principal sum of US$10 360-00 at rate of interest 5% per annum from date of summons to the date of full settlement.
c). Costs of suit and collection commission.
The defendant excepted to the plaintiff’s summons in... More
At the close of plaintiff’s case in a relatively short trial defendant’s counsel applied for absolution from the instance plus costs of suit on a legal practitioner and client scale.
The plaintiff issued summons claiming a sum of US $1 315, interest at the prescribed rate on the principal sum from the date of accident to the date of final payment, collection commission at the rate of 30% plus costs of suit. At the commencement of trial the plaintiff had sought not to lead any evidence on the assumption that there were no triable issues. This is despite the fact... More
The accused was convicted of theft of a motor vehicle from South Africa. He was sentenced to 10 years imprisonment of which 3 years was suspended for a period of 5 years on the usual conditions of good behaviour. More
This is an application in terms of r 63 of the Rules of the High Court, 1971 for the rescission of a judgment granted in default on 24 June 2009 in case no HC 1247/07. In addition, the applicant sought for an order that the proceedings of the Pre-trial Conference held on 18 November 2008 and the result thereof be declared null and void and that a date for another Pre-trial Conference be allocated More
The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as FidelisHapagarwiNhapi who is not cited as a party to these proceedings. The applicant alleges that at the time of the sale Fidelis HapagarwiNhapi advised him that there were illegal occupants on the property. He was assured that the illegal occupants would vacate the property. The applicant subsequently wrote to the first respondent on 5 August 2010 indicating that he would... More
