The plaintiff herein claims the transfer of a property in Groombridge, Harare, pursuant to an agreement of sale concluded in August 2009. Alternatively, it claims cancellation of the agreement and repayment of the sum of US$145,000 from the 1st defendant. The latter denies having received payment of the purchase price in the manner agreed. She counterclaims for an order declaring the agreement to have been validly cancelled together with an order for the eviction of the plaintiff. More
This is an application for a stay of execution pending interpleader proceedings and possibly a rescission of judgment application. No interpleader proceedings have been commenced presumably because the claimant has not even brought the said claim to the attention of the deputy sheriff. More
This is an application for an order compelling the first respondent to deliver title deed number 6563/99 and all other supporting documents and for third respondent to facilitate transfer of stand 321 Willowvale Township Harare (“the stand”) to him. More
The above mentioned matter was set down for hearing before me on the 4th of April 2012. During the course of hearing the Appellant then indicated his wish to produce certain documents as evidence before the court.
As these documents had not been produced in the proceedings a quo the Appellant was directed by the court to lodge a formal application for leave to introduce that evidence. The Respondent was then granted leave to file its response to the application. The Appellant having filed the application and the Respondent its response thereto the following is the court’s ruling on the... More
The applicant is the owner of a certain piece of immovable property known as Number 1212 Marlborough, Township of Marlborough situate in the district of Salisbury. He mortgaged the property to the first respondent in respect of a loan extended to the fifth respondent by the first respondent. More
The plaintiff herein claims an amount of US$15,390 as the outstanding balance for service and repair work carried out on the defendant’s Iveco minibus, together with interest at the rate of 2% per month and costs on a higher scale. The defendant disputes claim on the ground that the plaintiff’s work was defective and not in accordance with expected skills and standards. More
The law on applications for bail pending appeal is fairly settled. There is plethora case law on the principles that govern applications of this nature. The case of S v Dzawo 1988 (I) ZLR 536 clearly spelt out the factors for consideration namely:
(1) Prospects of success on appeal;
(2) Likelihood of abscondment
(3) Likely delay before appeal is heard;
(4) Right of an individual to liberty. More
