This is an application for a compelling order. The relief sought is couched as follows;
“1. The 1st Respondent be and is hereby ordered to prepare an agreement of sale for stand number 210 Mt Pleasant encompassing the terms recorded in the offer letter dated 15 December 2016 addressed by the Applicant and signed by the 2nd Respondent.
2. The second Respondent be and is hereby directed to sign the agreement of sale between the Applicant and the 1st respondent as directed paragraph 1 above.
3. The 2nd Respondent processes and signs all such documents as may be necessary to... More
This case can best be described as an attempt to “close the stables when the horse has bolted”.
This is an urgent Chamber Application seeking the stray of execution of a High Court Order granted on 16th December 2022 under case number HC 5202/22. The urgent chamber application also seeks that the second respondent be interdicted from selling Applicant’s goods that were placed under judicial attachment on the strength of the Court Order in question and the subsequent writ of execution. More
Its narrative is that it has legal mining rights over the registered area in Shamva which is within Lot 1 of New Brixton Farm with a total size of 68 hectares in extent. It states that what the respondents did some four days which precede 5 November, 2022 compelled it to file this application on an urgent basis. The respondent, it claims, invaded its mining claims, raided its gold ore from its mining locations and took the same to a mill for its own benefit. It alleges that, on 1 November 2022, the respondents returned to the mine with a... More
The applicant is Suscaden Investments (Private Limited a duly incorporated company in accordance with the laws of Zimbabwe. The first respondent is Parks and Wildlife Management Authority, a statutory body incorporated in terms of the Parks and Wildlife Act [Chapter 20:14] “Act”. Its functions are set out in s 4 of the Act. The Authority inter-alia controls, manages and maintains inter-alia national parks, sanctuaries, recreational parks and provides facilities for visitors. The second respondent is The Minister of Environment Climate Change, Tourism and Hospitality Industry. The Minister administers the Act. The Minister did not file any opposing papers in this... More
On 22 May 2022, I dismissed the applicant`s prayer for condonation of late noting of appeal. Applicant addressed a letter on 9 August 2023 requesting written reasons thereof. The letter went thus; -
“Kindly take note that, I filed an application for condonation of late noting of appeal with the High Court on 11th November 2021 under case number CON 279/21. The application was dismissed in chambers before honourable Mr. Justice Chilimbe on the 22nd of May 2022. More
The matter was placed before me as an application for quantification of damages for constructive dismissal and payment of gratuity. The application was filed pursuant to an order issued by this court under reference LC/H/984/16. Through that judgment my colleague, Honourable Justice L.M. Murasi granted an application brought by the current applicant for the court to allow the appeal filed under LC/H/434/16 on the basis of respondent failure to file Heads of Argument. It is important to note that in the appeal under LC/H/434/16 was appealing against the arbitral award on the basis of the finding by Arbitrator that he... More
There is a long drawn out dispute between the parties herein. The parties have been in and out of this court over an immovable property identified as Stand Number 227 Carrick Creagh Estate Borrowdale, Harare (the property). More
