This is an appeal against the whole judgement of the High Court.
The facts of this case are common cause.
On 28 November 2011, the Deputy Sheriff attached immovable property known as stand number 1301 Tynwald South Township of Stand 1042 Tynwald South measuring 383m2, registered under Deed of Transfer No. 9072/2008 (hereinafter referred to as the property). The attachment was pursuant to a writ of execution issued in favour of the appellant (the judgment creditor a quo). The appellant had obtained judgment against one Nompiliso Maphosa in case number HC 6553/11. More
This is an urgent application in which the applicant seeks a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That pending the determination of an appeal in SC 697/18 the 1st, 2nd, 7th and 8th respondents or their agents or anyone taking instruction from them be and are hereby interdicted from initiating or proceeding with the process of executing the court order in HC 5328/17 including the transfer of rights and title to anyone in... More
Plaintiff issued summons against the defendantclaiming
$150 000 plus 28% interest per annum arising from the defendant’s alleged negligence and breach of professional duty. The negligence arises from disbursing to the sellerthe purchase price of properties sold to the purchaser before registration of transfer into the name of the purchaserand registration of mortgage bond in favour of plaintiff which funded the transactions. More
On 3 October 2016, plaintiff issued out summons against the defendant claiming a total of $85 773.69 arising out of a loan agreement.
In his plea, the defendant admits the loan of $10 000 but denies any other loan in excess of that. He also pleads prescription and counterclaims for cancellation of the mortgage bond securing his indebtedness. However, at the commencement of the trial, the defendant admitted liability as claimed save that he disputed the quantum of the balance. The parties agreed to proceed to trial merely on the issue of quantum. More
This is a chamber application for the dismissal of the first and second respondents’ application in case No. HC 2702/18 for want of prosecution. The application is in terms of Order 32 r 236 (3) (b) of the High Court Rules, 1971.
Background
A certain immovable property belonging to second respondent was sold in execution to fourth respondent by private treaty for $230 000.00. The sale was pursuant to writ issued in case No. HC 9692/13.First and secondrespondents who are some of the judgment debtors in case No. HC 9692/13 objected to the sale. They undertook to bring before third... More
This is a chamber application for the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Chapter 28:01] as read with r 241 of the High Court Rules 1971. The facts are that on the 13th February 2017 an arbitral award in favour of the applicant was handed down by the Honourable Arbitrator Brighton Mudiwa sitting at Harare. The Arbitral award granted the applicant US$ 17 559. 54 being arrear salaries but did not quantify the damages to be paid. On the 11th October 2017 the damages were quantified in the sum of US$10... More
