The second applicant, in his capacity as a director of the first applicant, entered into an agreement of sale of motor vehicles with the first respondent. In terms of this agreement, the first respondent sold to the applicants 7 motor vehicles, mainly steel body tippers, for a total amount of US $ 335 000.00.
Pursuant to the agreement, the applicants made some payments, leaving a balance of US $ 215 000.00. Sometime in July 2021, the second applicant signed an acknowledgement of debt on behalf of the first applicant for the amount of US $215 000.00. The acknowledgment of debt... More
Applicant filed this application as an Urgent Chamber Application seeking the following order:
(1) That the execution of the eviction ordered under SC 138/21 and allowed to continue under HH 83/22 be allowed pending finalization of the appeal under CV SC 63/22.
(2) That the first respondent pays applicant’s costs of suit on the higher scale of legal practitioner and client. More
[ 1] Applicant seeks the rescission of a judgment entered against it in default in terms of rule 49 of the High Court Rules 2021.According to applicant, the parties` present legal troubles are traceable to the second respondent, Edmore Makureya (“Edmore”). Edmore was applicant`s former (presumably the relationship ended) employee who committed a series of misrepresentations in order to procure goods (on credit) from first respondent. Edmore would place orders with first respondent then collect goods under the guise that he was acting for and on behalf of applicant. Edmore covered his tracks by effecting payment for the goods so... More
The order sought in this matter is that First Defendant’s Special Plea be and is hereby upheld and that the Plaintiff’s claim is dismissed with costs on a legal practitioner and client scale.
In the main action, Plaintiff claimed the eviction of First Defendant and all those claiming occupation through him from stand number 905 of Newark of Hilton of Subdivision A, Waterfalls, Harare. He also claimed damages in the sum of USD 2500.00 for future demolition and removal of structures constructed by First Defendant on the property. More
In this opposed application a maternal grandmother seeksaccess rights to her grandchild. The minor child at the centre of the dispute resides with his paternal grandparents while attending school and resides with the father on holidays and weekends. The mother to the minor child is resident in Mozambique and is not one of the parties involved in the application.The minor child central to the dispute is Nathaniel Siyaka Tabaniewho was born on 18 October 2011 (hereinafter called the minor child).The applicant is the minor child’s maternal grandmother. First respondent is the minor child’s biologicalfather. Second andthird respondents are the minor... More
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More
The plaintiff Dr Lung a specialist dental surgeon with 30 years experience has approached the court seeking payment of $21 035-00 for services rendered to the defendant at her instance and request. The defendant on her part admits that indeed she sought services from the plaintiff but the money is not yet due as the plaintiff did not accomplish the mandate. More