This is an urgent chamber application in which the applicant seeks interim relief to the effect that the seizure and attachment of its bank account number 9140000213879 held with the third respondent bank at its Parklane Branch be suspended and that the seizure and attachment of the applicant’s shares effected on 29 August 2018 be suspended. The applicant seeks a further interdict restraining the first and second respondents from “attempting any further seizure and attachments in execution of the applicant’s funds or bank accounts and applicant’s shares”. The final order sought is for the setting aside of the seizure and... More
On 2 May 2018 the first respondent filed his opposing papers. When the matter
commenced at 9.30 am, Mr T Sengwayo requested the matter to be stood down until 2 pm, he indicated that he wanted to file a supplementary affidavit from Mr Mushonga and also to go through the opposing papers for he had only received them in the morning of the set down date Ms Mahere opposed the application arguing that since the application was brought on an urgent basis it ought to be treated as such. After the arguments for and against by both counsel it was... More
As you will be aware, the application among other things seeks to challenge the constitutionality of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] amended to Electoral Act Regulations 2016 published in Statutory Instrument 117/2017.
3. As you are aware of, the regulations we (sic) enacted on 15 September 2017 and therefore they will naturally expire by 15 March 2017.
4. In order to avoid a situation where arguments will be academic on aspects of the regulations, and given the fact that both parties have filed heads of argument in this matter., we seek that the matter be determined urgently.”... More
The application is one for summary judgment. It has its genesis in a contract which the applicant and the first respondent concluded in October, 2016. More
After hearing argument from counsel I upheld the special plea, stayed these proceedings and referred the parties to arbitration.
These are my reasons for the judgment.
The plaintiff, on the basis of a cancelled written agreement which had been entered into between the parties on 8 December 2013 at Harare issued summons against the defendant. Summons was issued on 29 November 2016. More
An owner of property may recover it from whoever possess it without his consent (BadelaNdlovu vSpiwe Posi HH 475/15). The actio rei vindicatio is an action brought by an owner of the property to recover it from any person who retains possession of it without his consent (Tendai Savanhu vHwange Colliery Company, SC 8/15). The principle that an owner cannot be deprived of his property against his will means that he is entitled to recover it from any person who retains possession of it without his consent (Silberbeg and Schoeman: Law of Property, 3 ed, p 273). More
