: This is a claim by the plaintiff for damages in the sum of USD1 300 000.00, interest thereon at the rate of five percent per annum from 18 January 2012 to the date of final payment, and costs of suit. The damages claim arises from the removal of the plaintiff’s bakery and other equipment from premises at 65 Mutare Road, Msasa, Harare where the plaintiff had previously operated a bakery business under the name Q-Tees Bakery. The said premises belong to a company known as Crestlane Investments (Private) Limited. More
This is an application for condonation of late noting of an appeal and extension of time within which to appeal. The application is made in terms of Rule 61 of the Supreme Court Rules, 2018 which provides as follows:
“61 Applications for extension of time to appeal
Save where it is expressly or, by necessary implication prohibited by the enactment concerned, a Judge may, if special circumstances are shown by way of an application in writing, condone the late noting of the appeal and extend the time laid down, whether by r 60 or by the enactment concerned, for instituting... More
The applicants approached this court seeking a declaratory order to the effect that the cancellation of agreement of sale set in motion by the first respondent be declared to be of no force or effect. Alternatively, the applicants prayed for the confirmation of the cancellation of the agreement of sale coupled with the prayer for reimbursement of the total instalments paid as part of the purchase price. More precisely the applicants prayed for the relief expressed in the following way: More
The delay in the delivery of this judgment is regretted. It was due to the parties’ failure and delay in responding to issues raised. Consequently the judgment had to be written without a response from one of the parties on the issue of appealing on a conviction that is not on record. More
1. This is an application to set aside a sale in execution. The applicant seeks an order couched in the following terms:
i. That the sale in execution of iron ore fines stockpile at Mukwakwe Plan site 338, Mberengwa in Midlands Province done by the 1st respondent in execution of court order under case number HC 12423/15 be and is hereby set aside. More
December 2013 the first respondent allegedly bought an immovable property known as stand 295 Northwood Township of Sumben from the first applicant a German Entity. First respondent duly paid the full purchase price. However transfer of title was not effected. In order to protect his rights and interest he issued out summons to compel transfer. When the first applicant did not file any opposing papers, a chamber application for default judgment was filed. A default order was granted on 24 July 2017 in HC 2972/17. The first applicant still did not sign the documents to transfer the said property, subsequently... More
: On 03 September 2021 plaintiff issued summons against defendant for a cause of action that arose from an agreement of sale entered into by the parties on 21 September 2018 for the sale of machinery and equipment. More
