On 20 November 2009, Zimbabwe Allied Banking Group Ltd issued summons out of this court seeking an order of specific performance alternatively damages. It was served by the plaintiff’s legal practitioners Mawere and Sibanda on the defendant’s legal practitioners, Madziwanzira, Gama and Associates on 3 December 2009. Appearance was filed on 8 December 2009. On 7 January the defendant requested for further particulars, which were supplied on 12 January 2010. Further and better particulars requested on 29 January were furnished on 3 February 2010. More
The Respondent was, until his resignation on 29 February 2012, employed by the Applicant as its Acting Director. As an employee of the Applicant he was entitled to use of the employer’s vehicle, an Isuzu Extended Cab Registration number ABK 7760. More
From a distance this is a simple application for rescission of judgment in order to pave way for the reinstatement of the defendant’s plea which was struck out by this court on 21 October 2010. A closer look at the application and the responses thereto make interesting, edifying and of course quite revealing aspects of the law as canvassed by the parties. I propose to start by providing a detailed background of this case. More
It never ceases to amaze me how parties who on their own initiatives enter into contractual agreements end up creating unnecessary complications in the interpretation and implementation of such agreements. This is one such an agreement. More
The two applications were consolidated for the simple reason that they involve the same parties wherein the respondent, as the plaintiff, instituted actions against the applicant as the defendant, claiming certain amounts of money “being the outstanding balance owed to the plaintiff by the defendant for inter alia internet access provider services”. More
This is an application for stay of execution. The first respondent was an executive dean in the Faculty of Commerce and Law of the applicant. At the end of his fixed term contract as dean, a dispute arose on his status. The parties failed to agree on whether he automatically assumed his former post or whether his contract of employment was terminated. Conciliation failed and the matter was referred to arbitration. More
