After hearing this matter I issued an order in terms of the draft. The record was then mislaid resulting in the applicant construction a dummy file so that an order could be issued. The respondent despite having been served with the application and having entered opposition failed to appear at the hearing. In view of the relief being sought I found myself unable to grant an order in the absence of argument on the legality of the order being sought. I therefore sought the assistance of Mr Zhou specifically to advise the court whether or not the form of relief... More
This is an urgent chamber application in which the applicants seek a Provisional Order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:-
1. That first, second and fourth respondents and/or their agents shall not interfere in any manner whatsoever with applicants’ possession of Glencairn Mine or the assets thereat
INTERIM RELIEF GRANTED
Pending the determination of this matter, the applicants are granted the following relief:-
2. That first, second and fourth respondents be and are hereby ordered to remove... More
This civil trial involved the double sale of an immovable property. It would appear that the two ladies, the plaintiff and the second defendant, were victims of the fraudulent activities of the first respondent (hereinafter called Goremusandu). To make things worse, Goremusandu died in 2003, before the trial commenced and did not give evidence.
Summons in this matter were issued in January 2002 and both defendants entered appearance to defend. Second defendant counterclaimed against the plaintiff for transfer and for the eviction of the plaintiff. More
The dispute in casu is steeped in the sale of a deceased immovable property whose purchase price was paid by the applicant but transfer of which the respondent failed to effect. The draft order the applicant seeks is couched in these words More
The applicant has approached this court seeking the following relief:
"1. The agreement concluded between the deceased, the late Joseph
Muchapondwa and the first respondent on 13 February 2009 be hereby
confirmed.
2. Terms of the final order be effected to the point that the execution of the judgment granted in the Magistrate Court Case No 11317/05 be and is hereby set aside because the order was complied with when deceased bought off the first respondent.
3. That there be no order as to costs(unless either party opposes this application in which case the opposing party shall pay the costs... More
: On 6 October 2009 the plaintiff issued summons out of this court against the two defendants claiming US$3 013.00 being the cost of repairs caused to his motor vehicle by the alleged negligent driving conduct of the second defendant who was employed by the first defendant as a driver.
The basis of the plaintiff’s claim was that his motor vehicle was damaged as a result of the second defendant’s driving conduct at the corner of Willowvale and Nyandoro Road, Harare. More
The plaintiff in this matter seeks an order for the eviction of the defendants from its premises on Arcturus Road, Harare, and for the payment of holding over damages in the sum of US$1575-35 per month as from 1 March 2009 to the date of ejectment. The issues for determination are as follows: (a) whether or not the plaintiff lawfully terminated the statutory tenancy and is entitled to vacant possession of the premises; (b) whether or not the plaintiff is entitled to holding over damages as claimed or at all.
The 2nd defendant is in default, having failed to note... More
