The applicant has applied for leave to amend its summons and declaration issuedout of this court in case no HC 9631/16 on an undisclosed date in the year 2016. The original summons and declaration were not submitted with this application. The Court can only rely on what the applicant says is contained in the summons and declaration to be amended. Applicant says in the year 2016 it sued for an order setting aside a certain Surety Bond No. 4250/11 registered against its immovable property held under Deed of Transfer no. 6844/2004 on the grounds that the bond is invalid and... More
This is an application for leave to appeal against the review judgment of HOVE J siting at the Labour Court at Harare on 5 December 2014. Aggrieved by the outcome of the review proceedings the applicant unsuccessfully applied for leave to appeal to this Court. More
It is not the function of the courts to make a contract for the parties or to rewrite a contract entered into between the parties. Neither is it open to the courts to excuse any party to a contract from the imperatives of the contract they have freely and voluntarily accepted on the basis that it has become too onerous or oppressive. In addition, it is not allowed to read into the contract some implied or tacit term that is in direct conflict with its express terms. See Magodora & Ors v Care International Zimbabwe 2014 (1) ZLR 397 (S)... More
Sometime in or around November 2015 and at Harare the plaintiff and the defendant entered into an agreement in terms of which the defendant agreed to repair and fit 3 500 seat holding brackets at the plaintiff’s Rainbow Towers Hotel and Conference Centre. The total cost of repairing and fitting the 3 500 seat brackets was quoted by the defendant at US$50 015.00. More
This is one case where both parties did not seriously consider presenting their evidence in a clear and logical manner. The duty for coherence in the presentation of pleadings and evidence before the court lies with the parties. The court has no duty to fill pot holes in the evidence of parties. More
