This is an application for absolution from the instance which was made after the first defendant, which is the plaintiff in the counterclaim, closed its case. For convenience, the parties will be referred to as they appear in the pleadings filed of record. More
The plaintiff brought a claim against the defendant for payment of $17 420-71 for goods sold and delivered to the defendant for period ending March 2015. The plaintiff claimed interest at 18% per annum and an order declaring stand 7923 Tynwald Township of stand 7739 Tynwald Township held under Deed of Transfer number 1489/2009 especially executable. The plaintiff also sought costs on a higher scale and collection commission. More
This was an application for bail pending appeal which I declined.I hereby give my written reasons for so doing. The applicant,a German national who was visiting Zimbabwe was charged and convicted of unlawful possession of cocaine as defined in s 157 (a)of the Criminal Law (Codification and Reform Act[Chapter 9:23] as read with Statutory Instrument (93) of 2010 (Dangerous Drugs Amendment Regulations No. 8) as read with part 1 s 4 (a)of the Dangerous Drugs Regulations Government Notice 1111/75. More
At the close of submissions, I invited counsel to file supplementary heads of argument. The heads aimed at clarifying the issue of whether or not the applicant, as director and shareholder of the first respondent, did have Locus Standi to petition the court as she did. The issue arose from my reading of Tett and Chadwick who, in their Zimbabwe Company Law, second edition, discussed categories of persons who can apply for the winding up of a company. More
CHAREWA J: This is an application for joinder of the applicant as a party to the proceedings in HC 4080/16 on the grounds that as the provisional judicial manager of Tetrad Investment Bank Limited (the bank), it has a direct and substantial interest in the outcome of those proceedings as 2nd respondent is a wholly owned subsidiary of the bank whose every activity is controlled by the bank and of which the bank is a 100% shareholder. Further, 2nd respondent is not a trading company but was set up by the bank for purposes of holding the assets of the... More
This is an application for rescission of judgment in terms of Rule 449 (1) (a) of the High Court Rules, 1971. Rule 449 (1) (a) provides as follows:
“449 Correction, variation and rescission of judgments and orders
(1) The court or a judge may, in addition to any power it or he may have, meru motu or
upon the application of any party affected, correct, rescind or vary any judgment or
order-
(a) that was erroneously sought or erroneously granted in the absence of any
party affected thereby; or
(b) …………………….
(c) ……………………..” More
