In this opposed application, the applicant prays for the setting aside of an arbitral award of Z Mutimutema and M Ruziva sitting together as joint arbitrators chosen by the applicant and the first respondent. The application is premised on Article 34 (2) (b) (ii) of the Model Law to the Arbitration Act [Chapter 7:15] which provides for the power of the court to set aside an arbitral award if it is against the public policy of Zimbabwe. The first respondent opposed the application and prayed for its dismissal with costs. The second and third respondents are the arbitrators whose arbitral... More
This is a court application for a declaratur.
The relief sought reads:
“IT IS ORDERED THAT:
1. The removal of the applicant from being a director of the respondent be and is hereby declared null and void.
2. The CR 14 dated 4 July 2014 be and is hereby declared invalid.
3. The CR 14 dated 26 October 2016 be and is hereby declared null and void
4. The respondent pays costs of suit.” More
This is a court application for review of proceedings conducted by the second respondent at Southerton District Headquarters on the 3rd of January 2018. The basis of the application is that the proceedings were irregular and the respondent failed to provide the record of proceedings. Further it was submitted that the record that was produced did not capture the proceedings properly. The other ground was that the applicant was denied legal representation at the hearing. Lastly it was contended that the applicant applied to have the matter postponed so that she could look for alternative legal representation but that application... More
The brief background to the matter is that the applicant and second respondent are embroiled in a dispute over a piece of land. It shall not be necessary to bring forth the entire history of the dispute over this land except to say on 20 September 2017 the second respondent obtained an order in its favour against the applicant in Case HC 8487/17 for a spoliation order. More
This is an application for the review of the decision of the first respondent to compulsorily acquire what is in essence a suburban residential stand and to issue a preliminary notice in terms of s 5 (1) (a) of the Land Acquisition Act [Chapter 20:10] to the applicant, announcing the intention to do so for “Urban Development”. The decision to compulsorily acquire the developed piece of land, being stand 2558 Glen Lorne Township Harare, itself a well-developed urban suburb in the City of Harare which was established in terms of the Southern Rhodesia Government Notice No. 263 of 1959, was... More
On June 8th 2011 plaintiff issued summons against the first and second defendants claiming US$21 033.00 for loss of income, interest and costs, with liability to pay being joint and several the one paying the other to be absolved. More
The applicant approached this Court with a Court application which he termed an application for revocation of Letters of Administration and consent to sell, in which he seeks an order revoking the Letters of Administration given to the first respondent and that the consent to sell that was given to the first respondent to sell some immovable property be cancelled and also that his initial appointment as Executor be re-instated.
The application is opposed. In its opposition the first respondent raised three points inlimine which are basically that, there is no proper founding affidavit and the founding affidavit is fatally... More
