This is an application for summary judgment. The applicant, a commercial bank, issued summons against the respondents claiming payment of a sum of US$280 961.94 as the balance outstanding in terms of a loan facility availed to the first respondent in May 2011. The summons was issued on 28 March 2012. The other four respondents are cited on the basis that they executed deeds of surety-ship in favour of the applicant for the due fulfilment of the obligations owed to the applicant by the first respondent. In addition to the claim for the amount stated above and interest at a... More
Having been indicted on a charge of fraud or alternatively, contravening the Precious Stones Trade Act [Cap 21:06] the accused applied to quash the charges on the basis that they do not disclose an offence. More
On 23 October 2013, on the unopposed roll, provisional sentence was granted in favour of the plaintiff against the defendant in the sum of USD$8 000 000, 00 (eight million United States Dollars), together with interest thereon at the prescribed rate of 5% per annum calculated from 29 December 2010 being the due date of the Promissory Note to the date of payment in full, as well as costs of suit. The order was granted after hearing full argument by counsel for both parties. The court granted the order on the basis that the signature on the Promissory note had... More
This is an application for leave to appeal to the Supreme Court against an order of this court. The background of the matter is that:
On 18 February 2013, the court considered an application for rescission of judgment which had been placed before it in chambers. More
On 17 September 2013 a default judgment was issued in favour of the Respondent. The matter had been set down for hearing on 17 September 2013 at 0900 hours. Applicant alleges that the legal practitioner of record was unable to attend the hearing due to ill health. He had been ill as from 13 September 2013 as evidenced by Casualty Unit case notes from the Avenues Clinic attached as Annexure A to the application. The deponent to the founding affidavit, one Mafo was requested to attend Court and seek a postponement of the matter to a date convenient to the... More
This is an appeal and cross appeal against the decision of the National Employment Council Appeals Board. The Board ordered that the Appellant ‘Mavhunga’ be dismissed and awarded back pay from July 2, 2008 to March 2, 2012. Both parties noted appeals against the decision at different times. The two matters were consolidated after an application to this court was made. For the avoidance of confusion in the terms parties would be referred to in their names. More
On 23rd February, 2011 the Honourable L. Maburutse made an arbitration award. In terms thereof, he dismissed Appellants’ claim of unlawful termination of their employment by Respondent. Appellants then appealed to this Court against the award. More
