This is an appeal against the decision of the magistrate’s court wherein it ordered the committal of the appellants for trial before the High Court despite their case having been previously dismissed in terms of s 160 (2) of the Criminal Procedure and Evidence Act [Cap 9:07]. More
This is an application to review the actions of the second and third respondents with regards the distribution of the estate of the late Lloyd Chimhowa, who died intestate on 3 December 2007. More
The plaintiff company issued summons against the three defendants out of this court on 8 November 2005. It claimed for the payment of an outstanding debt of US$ 1 560 437.68, interest at the rate of 15% per annum, costs of suit on an attorney and client scale and collection commission at the Law Society tariff rate. The claim was based on the deeds of suretyship that each defendant signed in favour of the plaintiff. The defendants contested the action mainly on the ground that their personal guarantees offended against s 11 of the Exchange Control Regulations SI 109/1996 as... More
On 17 June 2011 I dismissed this application with costs and indicated that my reasons would follow. These are they.
The applicant company,Amalinda Estates (Pvt) Ltd, is the former owner of certain piece of land registered under Deed of Transfer 5988/83 situate in the District of Salisbury. This property is commonly referred to as Amalinda Estates. It is 1 101, 8283 hectares in extent. More
“The first respondent be and is hereby interdicted from alienating or otherwise disposing of or dealing with the rights of the third and fourth respondents arising out of the memoranda of understanding concluded between the applicants and the first respondent at Harare on 25 July 2008 and 13 October 2006, pending the outcome of an arbitration to be instituted by the applicants in Paris in accordance with the afore mentioned memoranda of understanding More
This matter was set to be heard by my brother BHUNU J on 24 January, 2011 at 09.00 hours but could not because the first respondent had filed its opposing papers shortly before 09.00 hours. BHUNU J then postponed it sine die to enable the applicants to file a replying affidavit by 31 January, 2011 and thereafter, parties were to file supplementary heads of argument by 3 February, 2011. Subsequently, the matter was set down for hearing on 4 February, 2011 but was then postponed to 14 February, 2011 when it found its way to me for the simple reason... More
