The plaintiff’s claim against the defendant is for-
a) Payment of US$12 000.00 being the damages for the actual loss of the plaintiff’s six (6) Brahman cattle which died after drinking from a cyanide pool.
b) Payment of an additional US$6 000.00 for damages for the four (4) Brahman cattle which died which were in calf.
c) Payment of US$182 000.00 being damages for prospective loss of income which the plaintiff would have realized from the six cattle which died had they reached their maximum breeding level.
d) Interest on the total sum of US$200 000.00 at the rate of... More
The third and fourth respondents are husband and wife respectively. They purchased stand 5993 Warren Park North, Westlea, Harare (“property”) from the sixth respondent. They did so in terms of a written contract which the sixth respondent and them signed on 9 June 1998. The agreement appears at p 26 of the record. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare which dismissed the appellant’s application for joinder as the fourteenth defendant on 16 January 2020 under case number HC 3499/14 (the main case). At the close of submissions by counsel we dismissed the appeal with costs and indicated that our reasons for judgment would be delivered in due course. I now proffer the reasons for the court order delivered on 20 July 2021. More
What is sought in this application is a combination ofprohibitoryand mandatory interdicts. The applicant seeksto have the respondent restrained from leasing out or otherwise authorising third parties to utilize certain pieces of immovable property situated within its municipal area contending that such use runs contrary to the terms and conditions of a servitude for which the said land was reserved or designated.Secondly it seeks to have the respondent compelled to take positive steps to comply with municipal laws and regulations governing the utilisation of what it calls “servitude stands”. More
This is an application for condonation for late filing of an application for leave to appeal against the judgment of this court No. LC/H/146/20. The judgment was handed down on 3 July 2020. According to the applicant it received the judgement on 9 July 2020. The application for condonation was filed on 15 September 2020. More
This is an application for condonation for late filing of an application for leave to appeal to the Supreme Court. An application for leave to appeal is done in terms of Rule 43 of the Labour Court Rules Statutory Instrument 150 of 2017. The respondent took a point in limine to the effect that the application was improperly before the court as the applicant had not filed a copy of the intended application for leave to appeal. By failing to file the said copy the applicant was said to have denied the court the opportunity to consider the prospects of... More
The factual background of this matter is largely common cause. Sometime in 1992 the applicant and the first respondent entered into an agreement in terms of which the applicant sold to the first respondent a piece of land situate in the District of Salisbury called Stand 14773 Harare Township of Salisbury Township Lands measuring 1 4221 hectares (the property). In terms of clause 7 of the agreement the first respondent was to develop the stand by commencing erecting buildings within six months from the date of infrastructure servicing and complete same within twelve months from such date. Pursuant to the... More
