On 5 August 2014 one Gert Willem Van Der Linde (“Gert”) and his wife, Martha Elizabeth Van Der Linden (“Martha”), entered into a contract with the first respondent (“the respondent”), a charitable and not-for-profit trust, which is set up in accordance with the laws of Zimbabwe. The contract entitled Gert and Martha the right to occupy the respondent’s cottage number 28 which is at Athol Evans Complex, along Chiremba Road, in Cranborne area, Harare. More
This is a matter where plaintiff had issued summons against the defendant. The defendant defended the proceedings and filed a counter claim to the plaintiff’s claim.
In the counter-claim the defendant claims the following:
“(a) that the plaintiff be ejected from Calcite Southern Mine, Inyathi Matabeleland North.
(b) The plaintiff pays costs of suit.”
The basis of the defendant’s counter-claim is that plaintiffs’ mining claim was cancelled but that plaintiff continues to occupy Calcite South Mine and continues to mine without a valid permit yet defendant acquired the mining claims known as Calcite 22 to 28 on the 7th of... More
1. This is an application for bail pending trial. Applicants are charged with five counts. Count 1 is robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 27 February 2022, at around 0115 hours the applicants and others who are not part of this application hatched a plan to rob complainant. They went to the complainant’s shop armed with machetes, axes and sjamboks, thereat they broke shop windows to gain entry whilst inside they assaulted the complainant with sjamboks and threatened to kill him with the machetes... More
Section 47(1)(b) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] empowers this court to order seizure of property which is the subject of an interdict or which, on reasonable grounds, the court believes is either tainted or terrorist property and there is a reasonable likelihood that the property may be dissipated or alienated if not seized. More
The appellant issued summons out of the Magistrates Court in which she sought the eviction of the respondent from a subdivision of No. 9 Vickers Road, Belvedere, a property which she allegedly bought from one Shingirai Fabion Nhowe on 30 October 2017, and for which she held title deeds after having paid the purchase price. She also sought payment of rental arrears in the sum of US $ 3 000.00 for the period December 2018 to February 2019. Holding over damages at the rate of 35RTGS Bond per day from date of service of summons up to date of vacation... More
this is an urgent chamber application for a spoliation order in which applicants are seeking the following relief:-
1. That respondents be ordered to restore applicants’ possession of the 16 tonnes of scrap metal that they removed from applicants’ possession at Costas Business Centre in Zvishavane on 1 September.
2. Second respondent pays applicants’ costs of suit on the legal practitioner and client scale.
The facts of the matter as can be gleaned from first applicant’s founding affidavit to which second applicant associated himself with are that,
1. The two applicants are into scrap metal buying and selling business.
2.... More
The applicant approached this Court seeking an order of rescission of judgment in terms of rule 27 of the new High court rules that was granted by this court on default for failure to plead to the notice to plead served on him. This court after perusing and hearing both parties it gave ex-temporae judgment whereupon the application was dismissed. The applicant a self-actor has since noted an appeal to the Supreme Court and has now asked for written reasons for dismissal. More
