The journey travelled by the United States dollar in recent times as legal tender in Zimbabwe and its tumultuous relationship with the Zimbabwe dollar have been the source of much angst and consternation in business and economic circles alike, spawning in their wake a litany of litigation. The present application is yet another example of the latter. This is because although the parties haggled over a number of issues regarding whether or not the arbitral awarded in favour of the applicant against the respondent should be registered, the primary source of their dispute post the granting of that arbitral award... More
This is an urgent application for an interdict. The draft order is in the following terms:
“INTERIM RELIEF SOUGHT
Pending the confirmation of the final order, this Provisional Order shall serve as an Interim Order interdicting and directing that:-
1. That the 1st and 2nd respondents, their associates, previous and current employees, business partners be and are hereby ordered to forthwith suspend any mining equipment hiring and coal mining at 1st respondent’s Coal Mining Concessions at Chaba Pit.
2. That 1st and respondents, their associates, previous and current employees, business partners be and are hereby ordered to forthwith suspend any... More
This is an application for rescission of a default judgment in terms of Rule 29(1)(a) of the High Court Rules, 2021 (the Rules). The application is opposed.
Rule 29(1)(a) of the Rules provides as follows;
“29(1) The court or a judge may, in addition to any other powers it or he or she may have, on its own initiative or upon the application of any affected party, correct, rescind or vary-
(a) an order or judgement erroneously sought or erroneously granted in the absence of any party affected thereby; or…” More
TheApplicantshave approached this court on an urgent basis in terms of Rule 59(6) of the High Court Rules, 2021 seeking the relief of a declaratory order in terms of Section 14 of the High Court Act [Chapter7:06]. In particular, the applicants pray for the following relief:
“1. The Application for a declaratur be and is hereby granted.
2. That the amendment of Section 5.1 of the firstrespondents does not require that representatives of the Council appointed in December 2020 to be removed from their appointments before the end of their term of office.
3. The appointments by first to eighthrespondent... More
This is a court application in which the Applicants are seeking an order that the following matters: HC 2480/20, HC 2942/20, HC 3004/21, HC 2896/21 and HC 2875/20 be consolidated. That application besides exciting a counter-application has since been concluded by consent and resulted in the consolidation of matters HC 2480/20 and HC 2942/20, as the other matters have fallen by the way-side for one reason or another. Zhiqiang Gao and GUIBIAO ZHANG have sought the consolidation of HC 2480/20, HC 2942/20 and HC 4303/21 in a counter application and that counter application is opposed. More
This is an appeal against part of the judgment of the Magistrate sitting at Harare Civil Magistrate court on 7 December 2021.The second appellant and the respondent are husband and wife married on 22 September 1993 under [Chapter 5:11] and their marriage still subsists. See exhibit 1 (the marriage certificate). Both jointly owned Stand Number 5868 Westlea, Harare, and regarded it as their matrimonial home as per exhibit 2 (the memorandum of agreement signed by the parties). The first appellant and the respondent are blood sisters. More
On 14 July 2022, I delivered an ex tempore judgment to the effect that the present application be removed from the roll in order to pave way for the finalisation of the constitutional matter filed before the Constitutional Court under CCZ12/22. The applicant subsequently requested the reasons for the judgment. Consequently, this judgment seeks to advance the reasons therefor. More
