[ 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
The plaintiff and the defendant are husband and wife. They were married on the 7th of September 2018 in terms of the then Marriage Act [Chapter 5:11]. One child was born to the marriage, namely Simbarashe Tadzidza Tapera who was born on 9 April 2019. The parties have been on separation since the 31st of December 2019 and the defendant has custody of the minor child. On the 7th of October 2021, the plaintiff instituted divorce proceedings in which he seeks a decree of divorce on grounds of irretrievable breakdown of the marriage. He wants the defendant to retain custody... More
Applicant applied to this Court for condonation of a belated appeal in terms of Rule 22 of the Labour Court Rules S.I. 150/17. Respondents opposed the application. I shall deal with the application under 2 subtitles. More
In this urgent chamber application, the parties filed heads of argument after the applicant was granted leave to file an answering affidavit and did so. The parties thereafter mutually agreed that I determine the application on the basis of the filed papers and heads of argument without convening a formal hearing. More
This is an appeal against the whole judgment of the High Court, (“the court a quo”) handed down on 6 October 2022. The court a quo dismissed the appellant’s appeal against refusal of summary judgment by the Magistrates’ More
This matter came as an Urgent Chamber Application for stay of execution.
The genesis of the matter can be traced back to an HC 2887/05 order granted by GUVAVA J (as she then was) and an HH 458/19 order granted by FOROMA J.
The first applicant is a company, in this matter represented by its general manager by virtue of a resolution attached as Annexure “A”. The company develops and sells residential stands.
The second applicant is a male adult associated with first applicant.
First respondent is an association of residents of Knowe. Second respondent was a chairman of first... More
