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
The plaintiffs in this action claim against the defendants a declaratur that the plaintiffs are the lawful and rightful owners of a property called Stand 7871 Belvedere West, Harare. In consequence of the declaratur being granted in their favour, the plaintiffs further claim for an order that the 4th defendant should approve and sign over cession to them of rights, title and interest in the property. The plaintiff also claims costs on the punitive scale of legal practitioner and client. More
The applicants who are mother and son have been resident at the property which is a farm situate in the District of Gwelo since 1989. The 1st applicant’s late husband Moven Nkomo entered into an oral lease agreement with Naseby Estate Ltd, a company which previously owned Naseby farm. Applicants have been rearing cattle, goats, pigs and poultry at the farm apart from being engaged in crop cultivation. In 2005, applicants were advised by the Ministry of Lands that the farm had been gazetted for acquisition by government. Further, they were promised first preference during the impending resettlement. In 2009,... More
The applicant is a former employee of the 1st respondent. He was dismissed from employment on 27th February 2008 following a disciplinary process. The applicant being aggrieved referred a complaint of unfair termination to the Labour Officer. The matter was later referred to compulsory arbitration. On 23rd March 2020 an award directing applicant’s reinstatement without any loss of benefits from the date of unlawful termination was granted. According to applicant from the date of that award to April 2011 the parties were engaged in negotiations for an exit package which never materialized. From April 2011 to 3rd February 2016 upon... More
The factual background is largely common cause. Sometime in June 2013 the applicant (Clovgate) and second respondent (ZPC) entered into a contract to carry out lift shaft structural refurbishment of the Kariba Power Station. They agreed on a contract price. Clovgate claimed the contract was varied resulting in it incurring extra expenses used in the refurbishment works. ZPC disputed this position which resulted in a dispute between the parties. The parties then appeared before the 1st respondent for arbitration. More
The applicant seeks leave to execute the judgment of this court per TAGU J delivered on 13 January 2021 under HC 1897/16 (judgment No. HH 26/21). The relief sought is aptly set out in the draft order as follows:
“WHEREUPON after reading documents filed of record and hearing counsel it is ordered that:
1. That the Applicant be and is hereby granted leave to execute judgment No. HH 26/21 granted by this court under case HC 1897/16 on 13th January 2021.
2. That the Applicant furnish security to the satisfaction of the Registrar.
3. That in the event of an... More
This is an appeal against the decision of the Designated Agent NEC Motor Industry where he ordered the reinstatement of the respondent employee in a labour dispute pitting him and the appellant employer. More
