This is an urgent chamber application in which the interim relief sought is that execution, and or attachment, and or removal of property in case number HC 2593/13 be stayed pending determination of an application for a declaratur that the execution is irregular and unlawful, and, that, the ejectment of the applicant and all those claiming occupation through it be stayed pending determination of the same application for a declaratur. The final relief sought is a declaratur, that the execution in terms of case number HC 2593/13 be declared irregular, a declaratur that the debt has been paid in full... More
A preliminary point of law is one that if properly taken in an application or action, is capable of disposing of a matter without the need for the court to delve into the merits of the matter. More
This is an application for the transfer of Stand number 979 Dulibadzimu, Beitbridge held under Deed of Transfer No. 895/2010 from the first respondent to the applicant and for the second respondent to be ordered to uplift the caveat it had placed on the said property. More
The plaintiff seeks an order in terms of s 318 (1) of the Companies Act [Chapter 24:03] for the defendant to be declared jointly and severally liable with Foldaway Investments (Pvt) Ltd for all the debts of Foldaway Investment (Pvt) Ltd to the plaintiff. The provision reads as follows.
Responsibility of directors and other persons for fraudulent conduct of business
(1) If at any time it appears that any business of a company was being carried on—
(a) recklessly; or
(b) with gross negligence; or
(c) with intent to defraud any person or for any fraudulent purpose;
the court may,... More
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following:
i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More
The first respondent is a former employee of the applicant. On 12 February 2016 he obtained an arbitral award against his former employer, the applicant. On 4 July 2017 the first respondent had the arbitral award registered as an order of this court under case number HC 1753/16. On 16 October 2017 he had a writ of execution issued by the registrar of this court and this resulted in the Sheriff attaching the applicant’s movable property on 18 October 2017. The property was due for removal on 23 October 2017. More
The facts of this matter together with the documentary evidence to be considered by the court having been agreed on by the parties, I directed with the parties’ consent that the matter proceeds as a special case. The plaintiffs and first and second defendants proceeded to file heads of argument making ready the case for determination. More
