Before the attachment, the appellant had on 11 May 2023 filed an urgent chamber application in HC3131/23 for leave to appeal against the judgment granting leave to execute. Thereafter the parties found each other and signed an agreement in terms of which the appellant agreed to withdraw its urgent chamber application for leave to appeal.
On 15 May 2023 the appellant instructed RBZ, that is the Reserve Bank of Zimbabwe, to pay the respondent a sum of US$679 103.98. On 25 May 2023 it then instructed the RBZ to pay a further US$1 500 000.00 to the respondent.
It is... More
This is an appeal against part of the judgment of the Special Court for Income Tax Appeals handed down on 14 August 2020, dismissing the appellants’ appeal against the respondent’s Commissioner’s dismissal of its objection in respect of its failure to deduct Pay As You Earn (PAYE) in respect of meals and accommodation the appellant provided to its employees and penalties the respondent’s Commissioner had imposed against the appellant. At the hearing of the appeal the appellant abandoned its grounds of appeal in respect of penalties. The appeal was therefore argued on whether or not the accommodation and meals the... More
This is an appeal against the whole judgement of the High Court (the court a quo) sitting at Harare, dated 11 January 2023, wherein it declared that the procurement contract entered into between the appellant and the respondent was valid and binding between them. The court a quo proceeded, consequently, to grant an order of specific performance of the contract. It also dismissed the appellant’s counter claim and ordered that the appellant pays the respondent’s costs in the claim in reconvention. More
The dispute between the parties is a simple debt for the payment of money, but is complicated by the involvement of diamonds to part settle the amount due. Before delving into the factual matrix of the case, I wish to start by housekeeping issues. On 17 January 2020, the applicant herein filed a court application under HC 403/20 seeking a declaratory relief that applicant fully paid, extinguished, amortized and discharged the first respondent’s judgment debt, execution costs and legal costs secured under a writ of execution dated 4 October 2017. More
This matter was set down as an application for leave to appeal. Before the merits of the application could be entertained two points in limine were raised by the respondent. It is only these two points which are the subject of this judgement. More
On the 21st of September 2022, I granted an extempore judgment dismissing applicant’s claim on the basis of one of the points limine that had been raised. On the 14th of December ,2022 whilst on official vacation, the applicant’s legal practitioner wrote to the Registrar of this court requesting for the written judgment. This is the judgment.
The common cause facts are that, Applicant is a registered Residence Association that represents owners of a block of flats called Zimbabwe Court, situate at stand 408 Avondale West of subdivision A of lot 22 of Block d of Avondale, Salisbury also known... More
Applicant applied to this Court for the reinstatement of a abandoned matter i.e. LC/H/LRA/826/18. At the onset of oral argument 2nd Respondent raised a 2 points in limine which Applicant opposed. More
