This is an appeal against the judgment of the High Court (“the court a quo”) in which an order for a mandamus van spolie was granted in favour of the respondent. This Court does not find merit in this appeal and it must be dismissed. I outline hereunder the reasons for this decision. More
The applicant seeks an order for the eviction of the respondent and all those occupying through her from a certain piece of land situate in Harare known as Stand 17788 of Harare Township of Salisbury, otherwise known as number 17788 Watermeyer Road, Belvedere, Harare (the property).
The applicant is the registered owner of the property as more fully attested to by the Deed of Transfer registered in its name under DT 2882/17. The applicant claims that the respondent is in occupation of the property unlawfully, without its permission. The applicant wants her out of the property. The respondent has not... More
At the onset of oral argument in this Court respondent raised points in limine,
The points are set out in its opposing affidavit thus,
“Point in Limine
a.Defective Notice of Appeal
The Respondent submits that there is no Notice of Appeal before the Honourable court for want of non-compliance (sic) with the Rules of this Court.
The Labour Court Rules, SI 150/2017 clearly stipulates that the Notice of Appeal should be in Form LC 4 and this Form LC 4 is clearly provided for
The Appellant in clear contravention of the Rules of Court, went on to manufacture his own... More
This is an appeal against the Magistrates court judgment dismissing an application for discharge at the close of the State’s case disguised as a court application for review of that decision. It is an unmitigated and flagrant abuse of court process. More
Sometime in 2017 Cold Storage Company (Pvt) Ltd (CSC) made an application seeking to convene scheme meetings in terms of s 191 of the now repealed Companies Act [Chapter 24:03]. It was so distressed such that it was necessary for it to get into a scheme of arrangement with its creditors. On 22 January 2019 the Minister of Lands, Agriculture, Water, Climate & Rural Settlement (Minister) entered into Livestock Joint Farming Concession Agreement (LJFCA) with the first respondent - Boustead Beef (Private) Limited. More
The plaintiff in this case issued summons out of this court seeking to recover a sum of US$261,430.28, which it alleges is the outstanding balance of fees for security services it rendered to the defendants. In addition, the plaintiff sought to recover interest at the prescribed rate of 5% calculated from 1 October 2011 to date of full payment collection commission and costs of suit. The defendant denied liability. To understand the issues in this case, let me refer to the Statement of Agreed Facts jointly crafted by the parties as the parties opted to deal with this matter as... More
