At the close of the plaintiff’s case the second and third defendants made an application for an absolution from the instance on the basis that the evidence adduced is not such that the court might make a reasonable mistake and grant judgment in favour of the plaintiff against them.
The plaintiff’s case against the second and third defendants consistsinter alia of an application for rectification of a Suretyship agreement signed on 28 September 2012 in order to record a common intention of the parties that both the second and third defendants stood surety as co-principal debtors in favour of the... More
The applicant approached this court seeking an order in the following terms:
“1. The first, second respondents and any other directors, shareholders, officers, employees, security personnel and/or agents of the third, fourth and fifth respondents are ordered to refrain from conducting the third, fourth and fifth respondents’ affairs in a manner that is oppressive and unfairly prejudicial to the applicant’s interests and consequently are ordered to refrain from harassing or interfering with the Applicant directly or indirectly in his capacity as a member, shareholder and Managing Director of the first respondent. More
The plaintiff is claiming US$201 250 as commission for facilitating the sale of stand 1824 Ardbennie Township, interest on the said sum plus costs of suit. At the close of the plaintiff’s case the defendant applied for absolution from the instance. More
This judgment disposes of 2 applications. HC 11349/17 is an application made by Puwayi Chiutsi (Chiutsi), a legal practitioner and officer of this court and as such occupying a very privileged position in the justice delivery system, for an order setting aside theconfirmation of the sale in execution of his house in Highlands Harare in pursuance of a judgment of this court granted on 4 November 2014 in favour of Elliot Rodgers, a former client of Chiutsi, in the sum of $70 000-00. In HC 2650/18 is an application for a declaratur brought by Elliot Rodgers against the Sheriff of... More
This is a chamber application in which the applicant seeks relief in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court, if any, why a final order should not be made in the following terms:
1. The provisional order herein be and is hereby confirmed.
2. The respondent, its employees and all those claiming occupation of the boundaries falling within applicant’s claim number 26736BM be and are hereby ordered to vacate from the boundaries of the claim within five (5) days of this order.
3. In the event of the respondent failing to... More
The appellant hereinan estate agency negotiated a sale of an immovable property between the Estate Late Hayisa the seller, and the respondent. The respondent failed to raise the purchase price which he purported was coming from abroad. He duly notified the appellants as agents of the seller of his predicament advising them to sellthe property to another purchaser. More
This is an application for bail pending appeal.
The applicant was convicted by a Provincial Magistrate at Chipinge on three counts of stock theft as defined in s 114 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. More
