The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. More
The two urgent chamber applications were consolidated upon request by parties, on the basis that the parties are substantially the same and the resolution of one application has a bearing on the outcome of the other. For convenience l will refer to parties by their names.
The background to the case which is undisputed is as follows.Rose Natalie Heuer “Rose” is the owner of several mining claims collectively known as Empress Mine in Mashava. Lugania Investments (Pvt) Ltd ‘Lugania’ is a registered company in terms of the law. Lugania entered into a tribute agreement with Rose to mine at Empress... More
On 18 day of March 2015 the Honourable Arbitrator F. Matanhire issued an arbitral award in favour of the applicant in terms of which the respondent was ordered to pay the applicant the sum of US$10 407.22. The applicant now approaches this court in terms of s 98 (14) of the Labour Act [Chapter 28.01] to register the award so that the award can become an order of this court for it to be enforced. More
Plaintiff issued summons against the defendants for the recovery of a debt in the sum USD81 881.42 which it claims is due and owing to it. Plaintiff prayed for an order in the following terms:-
i) Judgment in the sum of US$81 881.42 being the capital sum owing under a Trade Credit Facility Agreement between plaintiff and first defendant dated 13 January 2011 for goods and commodities supplied and delivered at the instance and specific request of the first defendant, the sum of which has remained due despite due and proper demand.
ii) An order declaring specially executable, the immovable... More
This is a claim for damages suffered by the plaintiff as a result of the loss of its motor vehicle and trailer in a road traffic accident. The accident occurred at the 312 kilometre peg along the Harare-Chirundu road on 25 July 2014. The accident happened when the plaintiff’s Freightliner Horse and trailer bearing registration numbers ACQ 4768 and ACQ 9441 respectively, collided with the first defendant’s Volvo truck with registration number ABQ 5008. The first defendant’s motor vehicle was being driven by the second defendant who was acting in the course and scope of his employment with the first... More
This was an urgent chamber application heard over two days, two weeks apart. Issues emerged on the first day of hearing that necessitated an investigation and a report by the third and fourth respondents’ officials. The third and fourth respondents did not oppose the application. They indicated they would abide by any court order issued. More
Plaintiff issued summons against the defendants claiming $3 070 207.04 representing money lent and advanced to the first defendant in terms of a short term overdraft facility agreement between plaintiff and the first defendant and in respect of which second and third defendants acted as sureties and co-principal debtors. More
