The parties cited above have been locked in protracted proceedings pertaining to the case in which the Respondent was dismissed by the Appellant following his conviction on a criminal charge wherein he was sentenced to an effective period of imprisonment of eighteen months. More
This matter has its dispute steeped in oral African Customary principles of succession concerned with the nomination and appointment of the fourth defendant as headman Mubaiwa which the plaintiff is challenging, arguing that he is the rightful candidate to be declared headman of the Mubaiwa people. More
In this action the agreed issues for determination are listed as
follows:-
“1. Whether or not there was a valid Agreement of Sale between the
plaintiff and the first defendant.
2. Whether or not the Agreement of Sale was void and contrary to
Section 44 of the Stamp Duties Act [Cap 23:09].
3. Whether or not the plaintiff is entitled to transfer of the property in
question.” More
This is an application for a spoliation order. The bare bones of the matter are these:
The first respondent owed the applicant US$149 000-00. That debt has since ballooned to US$200 000-00. On 31 January, 2012 the applicant and first respondent concluded a compromise agreement in an endeavour to restructure the debt. The salient terms of the agreement were that effective 1 February, 2012, the applicant would assume the management of the retail fore court of the service station at stand 96A Norton Road, Norton which is under lease by the first respondent; the applicant would pay the first respondent... More
The record shows that on 29 March 2010 the plaintiff obtained a default judgment in terms of the above claim. The default order was, however, rescinded on 2 June 2010.
The defendant also has a claim in reconvention. More
The applicant approached this court seeking an order in the following terms:
“It is ordered and declared that:
1) The Constitution of the Apostolic Faith Mission in Zimbabwe (“The Constitution”) is the Supreme Law governing all the legal matters of the church.
2) The formation of branch – assemblies within the AFMZ is regulated by Chapter 3 of the Regulations to the said Constitution.
3) Any branch assembly formed outside of Chapter 3 of the Regulations to the said Constitution is illegal and ultra-vires the Constitution of the AFMZ.
4) That the respondent only bears the costs of suit in... More
This matter was placed before me on a certificate of urgency in terms of Rule 242 of the High Court Rules as amended. I dismissed the application with costs because of the preliminary issues raised. The applicant has requested written reasons for my decision. These are they. More
