The facts relevant for the determination of this matter are that the applicant, after being aggrieved by the decision of the High Court (the courta quo), duly filed a notice of appeal to this Court on 19 October 2022 under case number SC 529/22. In its notice of appeal, the applicant tendered security for the respondents’ costs of appeal ‘in an amount agreed between the parties failing such agreement in an amount determined by the registrar’.The tender was made as a requirement under r55 (2) of theRules. Pursuant to the tender and on 26 October 2022, the applicant’s legal practitioner... More
This is an application wherein the applicant seeks an order reinstating the appeal under cover of case number HCA 49/20 which was deemed to have been abandoned because of the applicant’s failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. More
HC 5357/ 22 is intertwined with the present application. The parties are the same and the substance of the two cases rests on the same subject-matter. In casu, Drew and Fraser International (Pvt) Ltd and Euphrasia Mupedzisi (“the applicant) are a legal entity and a natural person respectively. The applicant applies for leave to appeal the decision which I made on 15 February 2023 under HC 5357/22 which is the decision of one Nicodimus Kuipa N.O. and the Estates Agents Council of Zimbabwe, the respondent a quo, as well as in this application which the applicant filed under HC 1398/23.... More
The Applicant is a former employee of the Respondent having been employed as a Consular Clerk. He was dismissed from employment following a formal disciplinary hearing. The Applicant was aggrieved with the determination of the Disciplinary Committee. He noted an appeal to this court under case number LC/H/341/19 which matter is currently pending. The minutes of the disciplinary hearing convened by the Respondent that led to the Applicant dismissal however do not form part of the record under reference LC/H/134/19. The Respondent through its papers submits that despite a diligent search it has been unable to locate the minutes and... More
This is an application which, in the main, seeks an order ad pecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment. Alternatively, the applicant asks for an order that the respondents pay the applicant the sum of US$179, 541.45, jointly and severally, the one paying the others to be absolved. In addition, the applicant seeks an order nullifying... More
[ 1] Plaintiff, a peregrine entity, seeks to recover monies lent and advanced to first defendant, a local company. The second and third defendants were sued in their capacity as sureties and co-principal debtors.
[ 2] Plaintiff closed its case after the testimony of its single-Mrs Melina Matshiya-a senior legal practitioner. Mr. Uriri for the defendants moved the court to grant absolution from the instance. Counsel premised his application on two arguments;-(a) that plaintiff had tendered no evidence at all before the court. Mrs Matshiya, its representative and sole witness lacked valid authority to represent it and was as such,... More
On 16 January 2023, I gave a brief ex-tempore judgement partially granting the relief sought by the applicant. The respondent has since requested for the full reasons for that decision and what follows are those reasons. More
