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Storage Company (Pvt) Ltd (CSC) made an application seeking to convene scheme meetings in terms of s 191 of the now repealed Companies Act [Chapter 24:03].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
The applicant and his fourteen co- applicants comprise a group of mainly senior Zimbabwe National Army Officers who claim rights of ownership and /or possession of a piece of land measuring 4.1 hectares which is described as stand 393 Greendale Township off Cunningham Road Greendale suburb Harare. The first applicant’s founding affidavit was adopted by the other fourteen applicants who authorized the first applicant to act on their behalf. More
“I make bold to say that it is not just for the sake of poetry that the old adage, context is everything, holds true. In so many scenarios, words alone ring hollow. Context gives life and meaning to what is said or written. Is a court of law then entitled, or required, to take cognisance of context when interpreting a contract? That is the question that this Court is
called upon to answer.”- Constitutional Court of South Africa. More
The plaintiff issued out summons against the defendants claiming the following relief:
An order declaring the plaintiff a statutory tenant and nullifying the notice of the termination of the lease agreement served by the 1st defendant through the 2nd defendant.
Payment of the sum of US$14 000 or ZWL equivalent as at date of full and final payment being the amount paid to ZESA by the plaintiff clearing electricity bill which 1st defendant should have paid with interest at the prescribed rate of interest from 2014 to date of final settlement. More
The applicant deposed to the founding affidavit in his capacity as the executor testamentary of the estate of his late father who also answered to the same name as the applicant. The late Daniel Alexander Hartman (the deceased) was the registered owner of a piece of land situate in the District of Salisbury known as Subdivision G of Kinvarra (the property). The property is 50,7910 hectares in extent, and is located in the Mount Hampden area on the outskirts of Harare. It was held under two separate title deeds, with each confirming ownership of an undivided one half share. These... More
