This is an application for the dismissal of Respondent’s appeal in terms of Rule 19 (3)(a) of this honourable Court’s rules. The appeal was filed on 19 August 2013. The notice of response was filed on 28 August 2013. In terms of Rule 19 Appellant was supposed to file Heads of Argument within fourteen days of receiving the response. This requirement was not complied with. More
The parties in this matter were dealers in cotton. On 17 August 2011 they entered into a written agreement in terms of which the defendant, as plaintiff’s agent, would buy from the cotton farmers around the country seed cotton for delivery to the plaintiff’s ginnery or other ginneries chosen by the defendant and approved by the plaintiff. The seed cotton would be processed into lint and cotton seed. The plaintiff would provide an initial amount of US$120 000-00 in two phases which the defendant would utilise for the purchase of 205 tonnes of the seed cotton. The agreement would operate... More
The plaintiff in this matter is a housing cooperative located in Dzivarasekwa, Harare. It seeks the eviction of the defendant and all his occupants from Stand No. 4356, Tongogara Avenue, Dzivarasekwa 2. It also claims costs on an attorney and client scale. The defendant resists eviction on the ground that he bought the stand from one Salijeni Likukula and that he is the rightful owner of the property. The issues for determination are whether the plaintiff is the owner of the stand and whether the defendant has any lawful right, claim or counterclaim over the property. More
At the end of hearing argument for both parties the Court dismissed this application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
On the date of trial the parties agreed to proceed by way of a stated case as they apparently had come to an agreement on the facts that are common cause and relevant for the resolution of the case. More
The plaintiff and first defendant are engaged in a vicious legal battle over the ownership of a certain piece of immovable property known as stand number 381 Goodhope Township. The plaintiff claims to have bought the property from one Robert Campbell Logan the heir to the estate of the late Johanna Francisca Logan. He has since obtained title. On the other hand the first defendant claims to have inherited the property in dispute from his late father one LovemoreZhuwake. More
The Respondent was dismissed by the Appellant. The Respondent appealed internally. The domestic appeal process reversed the dismissal and substituted it with written warnings and an order for the Respondent’s reinstatement. The Appellant employer was aggrieved by the decision to reinstate the Respondent. Before it complied with the decision it appealed against that decision to this court. More
