Both the applicants are former employees of the respondent. Their applications were consolidated with the consent of both parties in terms of Order 13R92 of the High Court Rules, 1979. The two applications were lodged separately and counsel requested the court to consolidate the matters. In considering whether or not a consolidation was warranted the court had Their applications were consolidated with the consent of both parties in terms of Order 13 R92 of the High Court Rules, 1979 regard to the fact that the cause of action arose from the same facts and the issues raised in both application... More
This is an application to execute an order of this court pending an appeal to the Supreme Court.
It is common cause that in terms of an agreement entered into on 1 November 2007 between the applicant and the respondent the applicant, a farmer at farm No. 30 Chipangayi, Chipinge District in Manicaland Province, would deliver 65,52 tonnes of wheat to the defendant. The purchase price would be paid as follows:-
(a) 50% in Zimbabwe currency amounting to ZW$2 349 958 125-00
(b) 50% in foreign currency amounting to US$ 8 179-63 payable through the Reserve Bank of Zimbabwe. More
This is an application in which the applicant seeks an order in the following terms:
“1. The decision of the first respondent in dismissing the application for the rescission of default judgment be and is hereby set aside and the application for the rescission of default judgment be and is hereby granted.
2. The second respondent shall pay costs of suit.” More
The plaintiff who is a cessionary, sued the defendant for the payment of the sum of $7000-00. The claim was based on an acknowledgement of debt signed by the defendant on 25 October 2008. The defendant defended the matter up to the pre-trial conference stage when he defaulted. His defence was struck out and the matter was referred to the unopposed roll. More
This is an application for the setting aside of a judgment given in default of the applicant in case number HC 864/11. The judgment was given on 26 May 2011. The applicant states that he became aware of the default judgment on 25 July 2011 when he was served with the notice of attachment and removal of goods by the Deputy Sheriff. The instant application was instituted on 23 August 2011. More
This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the magistrate’s court are not yet concluded in that she has not yet been sentenced. There are certain deficiencies to which I shall later return. The question raised in this application is whether this court has power to intervene in unterminated criminal proceedings in the exercise of its inherent powers of review. In order to answer this question it is... More
The plaintiff issued summons on 24 May 2011 against the three defendants seeking defamation damages in the sum of US$50 000-00, interest and costs. The first defendant, a senior reporter, wrote the article in issue in the H-Metro tabloid of 3 March 2011. The second defendant was his editor while the third printed and published the article. More
