The appellant issued summons in the court below claiming US750.00 for the value of his generator leased to the respondents including interest at the official rate and costs on the higher scale. The respondents had failed to pay for the generator as agreed which he now wanted returned in terms of its value. The appellant had applied for summary judgment a month after the respondents had filed a special plea which had however not been pursued prior to this application for summary judgment. The special plea was in essence that the same matter was lis pendens under 1311/20 in which... More
The factual background to this matter is that a default judgment was granted against the applicants in 2005. That order was to the effect that the now appellants be evicted from Pumula Farm in Urungwe, Karoi. A warrant of ejectment and execution against property was then obtained in 2020 prompting the appellants to file the application for condonation of late filing of an application for rescission of judgment as they were way out of time in seeking a setting aside of the default order. The court a quo found that the delay was inordinate, there was no reasonable explanation for... More
In a nutshell the dispute arose over a beneficiaries’ sharing agreement entered into by members of the Chigumba Family after the death of the head of the family Stanslas Tonderayi Chigumba (the deceased). The deceased passed on on 11 December 2006. The beneficiaries sharing agreement was entered into on 29 May 2018. The dispute is essentially between Richard Kudzanai Chigumba (the applicant in the main case) and Taurai Cliff Chigumba (the first respondent in the main case). In the counter application Taurai Cliff Chigumba is the applicant while Richard Kudzanai Chigumba is the first respondent. For expediency I will refer... More
The applicant approached this court on a certificate of urgency seeking an interim interdict and on the return date a final order.
The background facts are that the applicant has been engaged in protracted litigation with first and second respondents over Dana A Farm, Goromonzi. The dispute has been in this court, in the Supreme Court, the Lands Commission and before fourthrespondent. More
This is an application for dismissal for want of prosecution of the main matter which is HC 1627/20. The application is made in terms of Rule 236 (4) of the High Court Rules 1971.
The chronology of events is that on the 23rd of September 2020, the respondents instituted a court application in HC 1627/20 and the application was opposed on 2 October 2020. That on 4 November 2020 the applicant in that matter filed an answering affidavit. That in terms of Rule 236 (4) of the High Court Rules 1971, where the applicant would have filed an answering affidavit... More
The appellant’s son one Scott Norman, now deceased andherein after referred to as the deceased owned a cabin cruise boat known as Wandering Star. Before his demise thedeceased entered into a written storage contract with the respondent on 23 November 2009.
In terms of the agreement the respondent was required to provide a shed for the storage of the boat. Clause 3 of the agreement set out the payment of rent modalities. Overdue amounts would attract interest prevailing at the time based on the prime rate levied by Barclays Bank Zimbabwe Limited. More
This is an application for leave to appeal against the decision of the High Court sitting at Harare on 4 March 2020. In that case (HC 9000/19) the High Court dismissed an application by the applicant for the dismissal of case number HC 11505/18 for want of prosecution. Then in HC 3278/20 the same court dismissed an application for condonation of late noting of appeal filed by the applicant. More
