This is an exception by the second defendant to summons issued out of this court by the plaintiff on 2 May 2018 against the defendants.
In the summons the plaintiff alleged that sometime in 2014 on the instructions of the second defendant, an auction was conducted by auctioneers Hammer and Tongues in respect of an immovable property stand 783 Bannockburn Township . Plaintiff’s bid won and he paid US$36 500.00. The sale was confirmed and he deposited the transfer fees with the conveyancers. In due course, however he was advised by the conveyancers that the sale had been rescinded and... More
This is an urgent chamber application for an order interdicting the respondent from instituting a suitability inquiry in respect of the applicant pending determination of the court application for review filed by the applicant under case No. HC 6543/18. The application is opposed by the respondent.
The convoluted facts of this matter are that in 2014 the applicant instituted an application for review under Case No. HC 10614/14. The respondent, who was also the respondent in that matter failed to file his notice of opposition timeously. Respondent then filed an application for condonation and extension of the time within which... More
Deceased estates are more often than not a common ground for disputes. This is one of such.
This is an opposed application where the applicant seeks for an order in the following terms:
“It is ordered that:
1. The purported sale of the immovable property being a certain piece of land situate in the District of Salisbury called stand 3828 Highfield Township by the Fifth Respondent to the second, third and fourth respondents be and is hereby set aside and the Agreement of Sale declared null and void.
2. The respondents and all those claiming title through them be and... More
At the conclusion of the trial both lawyers representing the parties’ undertook to file closing submissions, plaintiff on the 13th July 2018 and defendant on the 17th July 2018. Both counsel have, however, failed or neglected to do so notwithstanding the shared view that there was great need for such submissions. AdvocateT Zhuwarara put it succinctly and I quote “Submissions on the law as it relates to the contract of barter is of particular importance because there appears to be no jurisprudence in that area post-independence.” It is therefore regrettable that I have had to prepare judgment without the expected... More
The applicant seeks a rescission of a default judgment granted by this court on 22 September 2014. In terms of the order the applicant was to pay US$17 255.41 with interest at the rate of 6% from 19 February 2014 to the date of full and final settlement.
It is not in dispute that the respondent issued out summons commencing action which was served on applicant on 19 May 2014. The applicant did not file any opposing papers. The respondent applied for a default judgment which was granted. A writ of execution was issued for the attachment of applicant’s moveable... More
This is an application for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim against the defendant is for payment of a sum of US$201 335.63 in respect of inputs and funding given to the defendant for the growing of soya beans and maize during the 2012/2013 agricultural season. The plaintiff also claims interest on the amount stated above at the rate of 5% per month, together with costs of suit on the attorney-client scale. The claim is contested by the first defendant. The claim against the second defendant was withdrawn with the consent of... More
The applicant seeks eviction of the respondent to whom it was leasing a take away and a superetteon its hospital premises,on the grounds that the lease has expired; that six months’ notice had been given to the respondent;and,lastly that the continued occupation is illegal. More
