On 9 April 2021 the Plaintiff issued a summons out of this court claiming (a) An order for payment in the sum of US$ 135 931.36 or its ZWL$ equivalent at the prevailing rate on the date of payment being arrear rentals owed to the Plaintiff by the Defendant.
(b) An order for the cancellation of the lease agreement between the parties.
(c) An order for ejectment of the Defendant and anyone claiming occupation through him.
(d) An order for holding over damages at the rate of USD$ 433.00 per day starting from the 1st of May 2021 to the... More
: what defendant and the plaintiff (“the parties”) placed before me is what I may refer to as an exception –within-an exception. Its genesis is that, the plaintiff sued the defendant under the law of delict. He claimed certain sums of money from the plaintiff, his former employer, in the form of the damages. He grounded his suit under the Acquilian action,
The plaintiff served his summons and declaration upon the defendant on 17 November 2020. The defendant entered appearance to defend on 26 November, 2020 after which it, on 11 December 2020, wrote a letter of complaint to the... More
The applicant’s case is that the parties entered into a sale agreement of Lot 80 of the remaining extent of Lydiate situate in the district of Hartley for a purchase price of USD$85 400. He said he paid the full purchase price ininstalments under the agreement otherwise styled as a lease agreement to purchase. On 26 May 2020 he received a letter from the respondent which purports to cancel the agreement. The applicant has brought an application seeking an order to declare the purported cancellation of the agreement by the respondent to be invalid, null and void. The applicant further... More
Applicant is seeking to be condoned for his late noting of his appeal to the labour court. The respondent employer is opposed to the grant of the condonation relief.
The background to the matter is that following a hearing into the employee’s matter at his workplace the appeals officer directed him to appeal to the labour relation officer. For that the appeals officer cited SI 15/06. It is only when the employee presented before the Labour Relation Officer that he was advised that he was in the wrong forum. By that time he was out of time to appeal to... More
This is a doubled barreled application for condonation for the late filing of an application for rescission of judgment as well as the actual application for rescission of the default judgment in question. Inevitably, the outcome of the first determines whether the second will proceed or not. Both applications are opposed. I dismissed bothex-tempore and these are the reasons following the request by the applicants. The application is best appreciated within the context of its brief factual background. The summarized narrative is that applicants, a duly incorporated Company, in the fuel business entered into a fuel deal with the respondent.... More
The applicant and the respondent entered into two agreements of licensing in September 2018 and March 2019. These agreements relate to two service stations situated in Avondale and Westgate Mall, Harare. The agreements are to the effect that the applicant is obliged to deliver fuels, oils and other petroleum products to the respondent at the two service stations. This is exclusive in the sense that the respondent at the two service stations in terms of the agreements is restrained from receiving any products to sell from competitors. The service stations have been branded with the PUMA logo. In breach of... More
The appellant is a duly incorporated company in terms of the laws of Zimbabwe. It is a subsidiary of Metallon Corporation Limited, a mining house incorporated in the United Kingdom. The mining house runsfour mining companies in Zimbabwe namely Goldfields of Shamva (Private) Limited, Goldfields of Mazowe (Private) Limited, How Mine and the appellant. These four entities are run independently with separate finances, employees and assets. More
