The 14 applicants filed individual urgent applications against the same respondents. At the commencement of the hearing of these applications Mr Makoni who represented all the applicants applied for the consolidation of the matters so that the court can have a single hearing. The application for consolidation was not opposed. More
This is application made in terms of s 213 of the Companies Act [Chapter 24:03]for leave to institute proceedings against the respondent, a company in liquidation. Should leave be granted, the applicant intends to file an application in terms of r 449 of the High Court Rules 1971, for correction of a default judgment entered against it in in favour of the respondent on 12 March 2014. A draft of the application to be filed once the anticipated leave was submitted with applicant’s papers.The application, should leave be granted, will be a second bite since an earlier attempt in the... More
This is an appeal against the decision of the High Court upholding the respondents’ special plea of prescription and consequently dismissing the appellant’s claim with costs. The appellant has noted her appeal against the entire judgment and prays, as per her amended prayer, that the judgment of the court a quo be set aside and substituted with an order dismissing the special plea with costs. More
The applicant sued one Vincent Ncube and the respondent through the urgent chamber book. She did so under HC 7310/18. The order which the court granted to her on 9 August 2018 reads:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
1. That respondents be and are hereby ordered not to interfere with the applicant’s control and occupation and possession of 126 Edgemore Road, Park Meadowlands, Hatfield, Harare.
2. The first respondent pays the costs of suit.
INTERIM RELIEF GRANTED
That pending determination... More
The plaintiff company, Rieton Investments (Private) Limited deals in the supply of horticultural products. The defendants, who were formerly directors in Southern Flowers (Pvt) Ltd, are being sued in their personal capacities by the plaintiff. The plaintiff is claiming payment of the sum of US$113,416-12 for goods it sold and delivered to Southern Flowers. The plaintiff’s claim against the defendants is predicated upon s 318 of the Companies Act [Chapter 24:03] which provides that company directors can be sued in their personal capacities for damages arising from the fraudulent, reckless and/or grossly negligent conduct in the carrying on of a... More
The plaintiff is a self-actor. This is a claim for personal delictual damages which plaintiff suffered arising from a traffic accident. A default judgment had been entered against both defendants for their failure to file a plea; leading to the matter being referred to the unopposed roll for the assessment of damages. More
