The applicants who are all members of the Zimbabwe Republic Police sought a declaratur to the effect that their conviction and sentence by the police force after having been charged in a court of law on allegations of theft and fraud was wrongful and unlawful. They also sought that the Commissioner General of Police be ordered to reinstate all four of them into the police service forth with. More
This is an application for summary judgment. The applicant, which is the plaintiff in the main matter, instituted an action against the respondent for the following relief:
(a) An order for the eviction of the defendant and all those claiming occupation through it from the premises known as Ground Floor, Shop No. 5, Thaine Building, Harare. More
After hearing arguments in this case I dismissed the plaintiff’s case on 21 August 2015. I did indicate then that my reasons would follow. Here they are.
The facts
The following facts are common cause in this matter;
On 15 March 2010 the plaintiff’s husband who was riding a motor cycle was involved in an accident with the Defendant’s motor vehicle along Sherwood Drive, Mabelreign, Harare. The plaintiff’s husband sustained severe injuries as a result of the accident and he died on the same day on admission at the West End Hospital, Harare. More
J: This is an application for confirmation of a provisional order that was granted on 25 November 2016. The relief that is now being sought is an order declaring the applicant to be the owner of stand number 7804 Belvedere West, Harare More
On the 10th September 2015 the plaintiff sued the defendant for among others:
1. Payment of the sum of US$203 355.88
2. Interest on the above amount at the rate of 22% per annum reckoned from the date each invoice became due and payable to date of payment in full.
3. Collection commission calculated in accordance with by-law 70 of the Law Society of Zimbabwe By-Laws, 1982; and
4. Costs of suit from the defendant on a legal practitioner and client scale. More
The applicant in this matter is seeking an order in the following terms set out in the draft order:
“IT IS ORDERED THAT
1. The 2nd and 3rd Respondents release the applicant’s transcript immediately upon service of this order.
2. The respondents to pay cost of suit jointly and severally one paying the other to be absolved.”
The application is opposed by the respondents More
