The second and third applicants are shareholders of the first applicant, a company duly incorporated in terms of the laws of Zimbabwe. The second applicant is also the Managing Director of the first applicant. The first respondent is a company duly incorporated in terms of the laws of Zimbabwe. The second respondent is a company duly incorporated in Mauritius. The third respondent is a company duly incorporated in terms of the laws of Zimbabwe. More
Applicant is seeking rescission of a judgment by Consent in terms of 49 r 449 (1) (c) which provides as follows:
“449 Correction, variation and rescission of judgment and orders.
(1) The court or a judge may, in addition to any power it or he may have, mero motu, or upon the application of any party affected, correct, rescind or vary any judgment or order-
(a) ………………..
(b)
(c) that was granted as a result of a mistake common to the parties” More
This is an appeal against the judgment of MUSAKWA J. After hearing submissions by counsel and considering the matter, the appeal was dismissed and the Court issued the following order:
“1. The appeal be and is hereby dismissed in its entirety.
2. There will be no order as to costs.”
The Court indicated that reasons for judgment would follow. The file in this matter, together with a number of other similar files where judgment had been given with reasons to follow, was inadvertently filed with the completed matters. This accounts for the delay in handing down the following reasons for... More
This is an application for the rescission of a default judgment entered against the applicant and in favour of the respondent in HC 7509/15 on 18 November 2015. The application is made in terms of r 63 of the High Court of Zimbabwe Rules 1971. More
This is an appeal from a decision by a Magistrate in an inquiry purportedly to confirm whether Tiresi Chasara was customarily married to the Late Elias Macheka or not. More
At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He suggested that this matter could not be resolved in a motion court but by way of trial procedure. More
