On 14 September 2016 the plaintiffs issued summons against the defendants jointly and severally the one paying the others to be absolved for the payment of a) US$40 750.00 and R328 900 for damages and losses suffered by the plaintiffs due to defendants’ negligence in their provision of medical services to the plaintiff. More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court granted a provisional order in favour of the respondent. The essence of the order was to interdict the appellant and his agents and all those occupying the farm through him, from interfering with farming activities at Plot 1 of Alpha of Sandringham in Mazowe District of Mashonaland Central Province. The matter was brought on a certificate of urgency. More
This application has its roots in a matrimonial dispute between the applicant and respondent. The background is as follows: - On the 15th of June 2018, MUSHORE J gave an order in HC 4882/18 in which the respondent was interdicted from taking away, removing and or in any way disposing of any of the assets held under the family companies and family trust listed on the confirmed interim relief pending finalisation of divorce proceedings in case no HC 5020/18. The order also compelled the respondent to return forthwith certain assets as specified and to also prohibit the respondent from removing... More
Since December 2012 the applicant and the first respondent have been locked in legal combat over the right to occupy Stand 10648 Tafadzwa Muzvanya Street, Runyararo, Masvingo (“the property”). On 25 June 2018 the applicant filed an urgent chamber application against the first respondent to stop his eviction from the property pending the determination of his application for rescission of judgment that he had just filed some five days before. Despite fierce opposition by the first respondent I granted the application immediately after argument. The first respondent has now asked for my reasons in writing even though I had given... More
Following the decisionI made in HC 11586/15 (HH 456/17),the Supreme Court ordered that the matter be referred back to this court for the principles relating to rescission of judgment in terms of Order 9r63 to be considered.The background facts are briefly reiterated for context to the applicable principles. More
