The application is opposed by the second respondent. The first respondent is the presiding magistrate whose decision is the subject matter of the review application pending before this court under case no. HC 2653/18. The first respondent is not really a player in this application because she made her decision, the subject of review and became functus officio. To put the matter beyond doubt, the applicant appeared before the first applicant at Harare Magistrates court on 17 February, 2018 charged with the offence of Criminal Abuse of Duty as a Public Officer as defined in section 174 (1) (a) of... More
This is an application for an interdict in the form of an order for a stay of execution of the order of this court granted in case No. 1824/18.
The background to the application is that on 9 May, 2018 PHIRI J granted a default judgment on the unopposed motion roll in favour of the first respondent against the first and second applicants as more fully set out in the terms of the order as captured in Case No. HC 1824/18. I do not propose to set out the terms verbatim as they are clear on reference to the order... More
One Jianqiang Jheng issued out summons against the defendant on 3 May 2016 claiming $17 204 being arrear rentals for certain mining equipment leased to the defendant under an agreement dated 8 December 2013 and extending to 8 January 2014. Plaintiff alleged that defendant did not relinquish the mining equipment after the termination of the agreement and is liable for holding over damages at the rate of $700 per month, interest at the prescribed rate, collection commission and legal practitioner and client costs. More
The applicant and second respondent who were once husband and wife entered into a written agreement of sale with the first respondent sometime in October 2007 in respect of an immovable property known as Stand No. 4306 Fountainbleau Estate measuring 185 square metres held under deed of grant number 00117/05. The agreed terms of the agreement were that transfer of the property was to be effected upon full payment of the purchase price. More
On 1 September 2010 the respondent was employed as the resident director of the appellant in terms of an executive employment agreement. In terms of the contract the respondent, as representative of the Board of Directors, was responsible for the supervision and direction of policy on a daily basis. In addition, he was mandated to represent the company in relation to the appellant’s stakeholders. Some of his specified duties, in terms of the employment agreement, were to disseminate Board decisions to management, overseeing the implementation of Board decisions and providing oversight over operational and administrative issues that impinged on policy... More
The applicant filed an application on urgency against the four respondents under the heading “Urgent Chamber Application for stay of execution pending determination of applicant’s compensation for improvements on the property forming the subject matter of the dispute between the parties and her Supreme Court application for condonation of late filing of appeal and extension of time within which to appeal.”
All the parties were legally represented save the Sheriff who was sued in his official capacity and ordinarily will abide by the decision of the court as a neutral party.
The application was heavily contested on the issue of... More
In case HC 6440/18 Lugania is the applicant and seeks an order in the following terms.
That you show cause to this Honourable Court why a final order should not be made in the following terms;
Terms of Final Order Sought
(a) That 2nd respondent should not issue applicant with a resumption certificate for the applicant to resume operations at Empress Mine, following compliance by the applicant and inspection of underground workings thereon by 3rd respondent’s Mines Inspection Personnel
(b) 2nd respondent be and is hereby ordered to issue the applicant with the resumption certificate to resume underground operations in... More
