This is an application in terms of which the Executor testamentary of the estate of the late Vitalis Musungwa Gava Zvinavashe seeks an order that the Minister of Justice Legal and Parliamentary Affairs appoint an inspector to investigate the affairs of first respondent (a company) in terms of s 158 (a) (ii) of the Companies Act [Chapter 24:03] on the basis that the applicant believes that the said company my have fraudulently and or oppressively conducted its affairs to the prejudice of the deceased estate. More
The applicant approached the court through the urgent chamber book seeking stay of execution of an eviction order issued by the magistrate court. In specific terms the applicant sought:
TERMS OF THE FINAL ORDER
That you show cause why an order in the following terms should not be granted;
1. The eviction of the applicants be and is hereby stayed pending finalisation of the application for review filed with this Honourable court under case No. HC 7542/17 More
The applicant approached this court seeking an order in the following terms:
“IT IS BE AND HEREBY ORDERED THAT:
1. That condonation of the late application for leave to appeal for case number HC1788/15 be and is hereby granted.
2. That Applicant shall lodge her leave to appeal to the Supreme Court within 7 days of the granting of this order.
3. There be no order as to costs.” More
The applicant instituted the instant application seeking an order interdicting the second respondent or any person acting on his behalf or in furtherance of his interests from interfering with the applicant’s occupation of the property described in the papers as 126 Edgmore Road, Park Meadowlands, Hatfield, Harare. More
The background to this matter is largely common cause. The applicant obtained an order this court on 23 January 2008 in which he was awarded payment of;
(a) PB 63 750.00 as replacement value for his damaged vehicle.
(b) ZWD$83 717.09 for medical expenses.
(c) BP12 000 000.00 for car hire charges.
(d) ZWS 2 000 000.00 for pain and suffering.
(e) ZW$ 850 000.00 for disability
(f) ZW$1 000 000.00 for future medical expenses ZW$2 000 000.00 More
On 27 April 2017, I granted a final order with the consent of counsel for all the parties in the following terms:
It is ordered by Consent that:
1. The applicant to remain in occupation pending determination of the application for joinder and application for rescission to be made within three days of this order.
2. The costs be costs in the cause. More
This is an application for rescission of judgment made in terms of Rule 449 (1) (a) of the High Court Rules 1971. Rule 449 (1) (a) reads as follows:
“449. Correction, variation and rescission of judgments and orders
(1) The court or a judge may, in addition to any other power it or he may have, meru
moto 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” More
