The facts of this matter are well set out in the judgment of my sister MUREMBA J in case number HH 269/17.
It is therefore unnecessary for me to repeat the same facts. I must point out, however, that MUREMBA J did not decide this same application on the merits. Instead, she dismissed the application on the procedural ground that the relief should have been sought through an application for review, rather than a court application for a declaratory order.
On appeal, the judgment in case number HH 269/17 was set aside in its entirety. The Supreme Court remitted the... More
On 1 November 2018 the applicant’s three motor vehicles, a Mercedes Benz AEK 1985, a Mazda T3500 ABG 8923 and a Vintage Dodge ACB 8557 were attached by the first respondent, the Sheriff and were due to be removed on 7 November 2018. This prompted the applicant to file the present urgent chamber application for stay of execution on the ground that the attachment which was done by the Sheriff is null and void because he has already paid all his dues to the second respondent, Maparahwe Properties (Pvt) Ltd and the third respondent, Norton Town Council. More
The applicants approached this Court seeking that its late filing and setting down of the applicant’s exception be condoned and that the applicants be given leave to set down their exception within 10 days from the date of this judgment. The respondent a self-actor opposed the application but is not in attendance despite service of the notice of set down at his chosen address. Nonetheless, the court has decided to determine the matter on merits and the applicants’ legal practitioner made submissions and urged the court to exercise its discretion and grant the order sought. More
This is an opposed application for the setting aside of the judgment given in default of the applicants in case no. HC 6787/17. The judgment was granted on 23 August 2017. The applicants in an affidavit deposed to by the second applicant state that they only became aware of the order on 25 April 2018 when it was served upon them as an annexure to an affidavit in a different case, HC 3556/18. The present application was filed on 26 April 2018. More
On 24 October 2017, I dismissed the applicant’s urgent application for a stay of execution. Appellant has a filed an appeal and is requesting my reasons for dismissing his application. Although the appellant has not sought leave to appeal as he is required to. I have settled my reasons in writing in the interests of justice. More
Applicant seeks condonation for the late filing of an application for rescission of judgment entered against him in default by this court on 22 September 2017.
He seeks that order on the following averments. He had left Zimbabwe for the United States of America (“USA”) in 1999and had acquired American citizenship. He has not resided in Zimbabwe since then. When summons were issued on 30 June 2017 he was in Afghanistan. He went back to the USA on 17 October 2017. The summons was served at Carrington Avenue, Paradise Park, Marondera where his estranged wife resides. His wife, Georgina Masike,... More
