This is the unanimous judgment of this Court. This is an appeal against the judgement of the High Court handed down on 20 July 2023 dismissing the appellant’s application to set aside an arbitral award and registering that award. More
On 21 January 2019, the applicant and the first respondent concluded what they styled an “Export Finance Facility Agreement (“the Agreement”). In terms of the Agreement, the first respondent advanced to the applicant the sum of RTGS 5 100 000,00. The applicant was required to repay the loan facility in the sum of US$ 2 217 291.00. This amount would be realised from export sales of crops grown by the applicant. These are described in the Agreement as “exportables”. The repayment period was 5 years, running from 4 January 2019 to 31 January 2024. The Agreement provided for the deposit... More
The appellant was convicted after a trial on two charges of theft and escaping from lawful custody in contravention of s113 (1) and s185 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count he was sentenced to 6 months imprisonment of which 3 months imprisonment was conditionally suspended on condition of good behaviour the remaining 3 months imprisonment was suspended on condition of restitution. In respect of the second count, he was sentenced to pay a fine of ZWL$ 30 000 in default of payment 30 days imprisonment. More
This is an appeal against a determination by a designated agent. At the commencement of the hearing two preliminary points were take on behalf of the respondent. These were that (i) the designated agent who made the decision was not cited as a party to these proceedings and (ii) it was not clear as to what was before the court as there appeared to be two notices of appeal and both signed by the appellant on the 28th of October 2022.The appellant quickly responded that he would be bound by the notice of appeal which appears first on the record... More
In the main, the plaintiff, ASP Marketing, claims against the first and second defendants, Lunar Chickens and Gideon Gono respectively, jointly and severally, payment of the sum of US$2 201 044-05, together with interest thereon at the prescribe rate. The claim is for the balance of the purchase price for goods sold and delivered, namely maize grain and soya beans. This followed a contract between ASP Marketing and Lunar Chickens duly represented by Gideon Gono. ASP Marketing seeks the piercing of Lunar Chickens’ corporate veil to make Gideon Gono personally liable for the same debt jointly with Lunar Chickens. This... More
The plaintiff issued summons from this court seeking eviction of the four defendants from a church property known as No 2666T corner Bimha and Mbira Street, Rujeko Township, Marondera. The Sheriff duly served the summons on the four defendants on 24 August 2023 and 25 August 2023. More
The applicant Athos Proestos and the first respondent Christalleni Proestos are brother and sister. Their dispute lies in the validity of their mother’s will which accorded Christalleni Proestos property known as known as stand 12895 Salisbury Township also known as number 94 Churchill Avenue, Gun Hill, Harare, Zimbabwe. The will also made her an executor of the estate. Applicant’s complaint is that their parents’ estates were fraudulently registered by Christalleni on the strength of that fraudulent will, having torn up their mother’s will of 2000 which granted the property equally to both of them. In her capacity as executor, Christalleni... More
