2. The applicant and the respondent entered into a lease agreement in September 1993 in respect of one of the applicant’s properties, namely, Number 4 Hampshire Road Eastlea, Harare. On 13 March 2007, the applicant wrote a notice of cancellation of the lease, in terms of clause 2 of the lease agreement. It gave the respondent until 30 April, 2007, to vacate the property. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court and extension of time within which to file an application for leave to appeal a decision of this court to the Supreme Court. More
The adage that the law does not help the sluggard finds expression in the operation of the provisions of the Prescription Act [Chapter 8:11] which provides for the prescription of a debt if no action to claim the same is done within a period of three years in the absence of interruption. Such interruption can be through an express or tacit acknowledgment of liability by a debtor in which case prescription shall start running again from the date on which the interruption commenced. This court finds that this is the situation that the plaintiff finds itself in, and has not... More
MUNGWARI J: On 25 November 2020 in case number HC 5833/20 MUSHORE J granted an order in favour of the respondents in this application. The order was obtained in default of the applicant. Aggrieved by the turn of events, the applicant on 16 June 2022 filed an application seeking the rescission of that judgment. A simple calculation of the time lag between the date when the judgment was issued and the time when the application for rescission of the judgment was filed shows a delay of one and a half years. The default judgment in issue reads as follows: More
This is an application for bail pending appeal against conviction only. On 14 April 2022 the applicant was convicted of two counts of rape as defined in s 65 of the Criminal Law Code. With both counts treated as one for the purposes of sentence the Regional Court imposed a sentence of 20 years imprisonment of which 5 years imprisonment was suspended for 5 years on the condition of good behaviour. More
The twenty applicants have approached this court seeking a spoliation order. They are entreating the court to order the respondent to “restore access, possession and occupation of certain piece of land called Athena of Longford measuring one hundred and twelve comma two hectares to the applicants forthwith by removing the fence it erected around the land” and grant costs against the respondent. More
Defendant does not deny signing the acknowledgement of debt and its validity but challenges the same on two grounds. Firstly, he states that the affidavit was entered into under duress. The amounts reflected therein are usurious, inflated and exaggerated as they did not reflect the actual amount he borrowed and the attendant interest. He further avers that the capital debt he owed which he had borrowed amounts to US$2 300,00 to be paid with an additional interest of 35% translates to total amount of US$3105.00 according to his calculations. The amount was to be paid back in three instalments of... More
