Defendant took a special plea and exception to intercept plaintiff`s suit for a declaratur, pleaded alternatively with contractual damages claim. The backdrop to the dispute is as follows; -plaintiff is an information technology consultant based in the Republic of South Africa. He appointed defendant, a firm of estate agents, to sell his immovable property situate in Harare and remit the sale proceeds cross-border to his base in South Africa.
[2] The property was indeed sold at a price of USD$190,000; but the funds were not transferred as per plaintiff`s instructions. Unresolved disagreements over this issue saw plaintiff issuing summons in... More
This is an appeal against the judgment of the Magistrates’ Court sitting at Chinhoyi, handed down on 3 May 2021. The judgment granted the respondent(then applicant) an interdict prohibiting the applicant (then respondent) from allocating or selling stand number 996 Kuwadzana Township, Banket, to any person as it was registered in the name of the late Enock Dandajena. More
On 31 October 2018, in Case No. HC 6622/17, the High Court granted the main claim sought by the respondent less the agreed amount against its claim to the appellant, and dismissed the appellant’s counterclaim. In this appeal, the appellant seeks a reversal of that order and its substitution by the relief embodied in the counterclaim. More
1. This is an appeal against the decision of a magistrate court refusing to release appellants on bail pending their trial on a charge of contravening section 136 of the Criminal Law [Codification and Reform] Act Chapter 9:23. It being alleged that in the company of an accomplice they designed a plan to defraud complainant by falsely advising him that there was a residential stand for sale in Matsheumhlope, Bulawayo. Acting on such misrepresentation complainant paid appellants US$10 000.00, and nothing has been recovered. More
This is an urgent application for an order staying certain unterminated criminal proceedings against the applicants. The proceedings are underway before the first respondent, a Regional Magistrate. The applicants seek to stay the proceedings pending determination of two applications that they filed with this Court for direct access. If successful in the applications for direct access, the applicants intend to file an application in terms of s 85(1) of the Constitution, allegedly for the enforcement of their fundamental rights and or freedoms. More
