MAKONESE J: This matter has been brought before this court as a stated case in terms of Rule 199 of the High Court, Civil Rules, 1971. The rule provides that parties to a civil action or suit, may after summons has been issued, concur in a statement of the questions of law arising therein in the form of a special case for the opinion of the court. Rule 199 (3) makes further provision that upon the argument of such case, the court and the parties shall be at liberty to refer to the whole contents of such documents, and the... More
This appeal was against the lower court’s order granting absolution from the instance in respect of the appellant’s claim for eviction of the respondent and all those claiming occupation through it, from property known as 44 Greengrove, Greendale, Harare; (hereinafter referred to as “the premises”). The appellant noted its appeal on 16 March 2020, while the respondent lodged its cross-appeal on 18 March 2020. More
The brief background facts to this matter are that the applicant entered into a Memorandum of Agreement with the second respondent on 18 August 2015 in terms of which it was allocated land, being stand 2166 of 1042 Tynwald South for the development of ninety housing flats. This agreement was amended on 4 October 2017 to increase the number of housing flats to one hundred and twenty. A further amendment was affected to the agreement on 9 June 2018 wherein the land initially allocated to the applicant was sold to it and the full purchase price of US$414 000.00 was... More
Second defendant (BH Drury) is a title holder of stand 2427A Umtali Township, also known as No. 17 Aerodrome Road, Mutare, the property measures 1364 square metres.
In 2009 first defendant acting on behalf of second defendant sold the property to the plaintiff and entered into an agreement of sale. The purchase price was US$80 000 and the plaintiff contends that it paid in full in 2009. Plaintiff has been a tenant at the property in question from 1999 and upon payment of the purchase price in 2009 it ceased to pay rentals to first defendants. More
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dismissing an application for the setting aside of an arbitral award and granting an application for registration of that award. At the commencement of proceedings, appellant’s counsel made an application for the amendment of the appellant’s grounds of appeal. We granted the application and indicated that our reasons would be part of the main judgment. More
KABASA J: This is an appeal against the whole judgment of the Magistrates’ Court allowing the respondent’s claim wherein she sought the eviction of the 2nd appellant from an immovable property known as house number 6209 Phase Two Garikayi/Hlalani Kuhle, Gwanda. More
CHITAKUNYE AJA: This is an appeal against part of the judgment by the High Court of Zimbabwe, sitting at Bulawayo handed down on 24 October 2019 wherein the court granted the respondent’s claim for damages for past medical expenses in the sum of US$2 000-00, bodily injury- loss of amenities of life in the sum ofUS$1500-00 and contumelia, humiliation and defamation in the sum of US$10 000-00. The awards being in United States dollars the court aquoordered that allsums were payable in Zimbabwe dollars at the interbank rate applicable onthe date of payment. More
