Applicants seek leave to execute two writs of execution against the 1st respondent, a company under judicial management.The background reveals a protracted litigation between the parties. Applicants are employees and former employees of the 1st respondent. Following 1st respondent’s neglect and outright refusal to pay their salaries, applicants approached the National Employment Council for the Security Industry for redress. They obtained awards in their favour in 2014. The 1st respondent unsuccessfully challenged the award in the Labour Court. Applicants then sought enforcement in this court but 1st respondent again challenged the same, subsequently applicants obtained writs of execution and attached... More
This is an appeal against the judgment of the magistrate sitting at Bulawayo on the 8th January 2018.The respondents instituted action in the Magistrates’ Court seeking amongst other things the eviction of the appellant and payment of arrear rentals in respect of a property known as number 4 Clocolan Road, Burnside, Bulawayo. The respondent defended the matter. The matter was set down for a pre-trial conference. The applicant and her legal practitioner failed to attend the hearing. The respondent applied for and obtained leave to file an application to strike out appellant’s defence. The application was made and an order... More
This is an appeal against the judgment of the Magistrates’ Court sitting at Bulawayo on the 15th February 2019.The background to the case is that the respondents instituted action in the Magistrates’ Court seeking inter alia the eviction of the appellant and payment of arrear rates in respect of an immovable property known as 4 Clocolon Road, Burnside, Bulawayo. The appellant defended the matter. The matter was set down for a pre-trial conference. The appellant and her legal practitioner failed to attend court on the date of the pre-trial conference. The respondent applied for and obtained leave to file an... More
On 24 December 2018 plaintiff issued summons against the defendant claiming the following:
1. Payment of US$31 400-00.
2. Interest thereon at the prescribed rate of interest per annum from 19 January 2018 to the date of payment in full and final settlement.
3. Interest at the prescribed rate from 1 March 2016 to 18 January 2018 on the sum of US$40 000-00.
4. Costs of suit on attorney-client scale More
Sometime in August 2016 the respondent, Victor Mariranyika, loaned and engine and irrigation pipes to the appellant. The appellant did not return the equipment on time. The respondent sued the appellant in the small claims court under case number SCC 4/2018 and obtained a default judgment against the appellant. After appellant’s property was attached by the messenger of court, the appellant paid for the irrigation pipes. He had already returned the respondent’s engine. More
On 1 September 2016 plaintiff issued summons against defendant claiming;
(a) Payment of the sum of US$15 815,04 which is the outstanding balance in respect of monies lent and advanced at defendant’s special instance and request together with interest as at 31 July 2016.
(b) Interest thereon at the rate of 15% per annum from 1 August 2016 to date of full and final payment.
(c) An order that the mortgaged property being stand 6399 Kwekwe Township of stand 2274 Que Que Township in extent of 4 000 square metres registered in the names of the defendant declared executable; and... More
On 21 July 2015 the plaintiff issued process out of this Court against the first and second defendants with the 3rd defendants merely cited in his official capacity. In the action the plaintiff sought to recover from the 1st and 2nd defendants a sum of USD144 864-00 being damages for unjust enrichment arising out of improvements allegedly made by the plaintiff on the latter’s Kalanga Farm.
The plaintiff also sought to recover interest on the amount of claim at the prescribed rate from the date of issue of summons to date of payment in full together with costs of suit. More
