What confronts this court in this civil trial is a box ring match. There is no witness testimony, nor is there any other real, direct and independent evidence to support either side’s averments. It is the plaintiff’s word against that of his opponent. The mammoth task is the need to place before the court enough circumstantial evidence upon which the court can plough through to arrive at a reasonable inference exclusively pointing one direction as opposed to the other, intriguingly bearing in mind the parameters of the burden of proof in Civil matters. More
The facts of the matter are that the applicant and the first respondent are involved in a trial in the Magistrates Court. The first respondent which is the plaintiff in the matter sued the applicant who is the defendant for eviction from Shop no. 11 Corner 40 Cameron Street Harare. It is common cause that on 7 July 2023, the applicant arrived late for continuation of trial and found the court having issued a default judgment. It is on this basis that the applicant prepared and filed the present urgent chamber application for stay of execution of the default judgment... More
This is an appeal against the decision of the High Court (the court a quo) wherein it dismissed the appellant’s claim for an interdict against trademark infringement by the first respondent. More
: In case No. HC 6193/20 I rendered a judgment ref HH 898/22 on 29 December 2022. The parties herein were applicant and respondent. In the said case the applicant as owner of a property occupied on lease by the respondent claimed for an order with costs for vindication of its property from the respondent and for the respondents’ ejection or eviction from the property. The property in issue is described as stand 22 Julius Nyerere way Harare. In my judgment aforesaid, I found for the applicant and granted its prayer. The respondent not being satisfied with my judgment noted... More
This is an application for rescission of a default judgment made in terms of Rule 449 (1)(a) of the High Court Rules, 1971 (“the old Rules”). That judgment was granted by this court under case number HC 4052/11. What happened is that, the applicants (who were parties) in those proceedings, defaulted in filing their plea. More
The plaintiff and the defendant are both legal entities incorporated in terms of the laws of Zimbabwe. On 23 October 2015, the two entities signed a Public Procurement Engineering, Procurement and Construction Contract (the Contract). In terms of that contract, the plaintiff was required to construct a 100MW Solar Photovoltaic Power Station in Gwanda (the Project). A dispute arose during the implementation of the said contract prompting the plaintiff to approach the court for the following relief: More
The three applicants in this urgent chamber application applied for a provisional order the terms of the interim relief of which reads as follows- Interim Relief.
That pending the confirmation or discharge of this Provisional Order the applicants are granted the following relief:
1) That first to third respondents is (sic) directed to stop advertising for sale of any stands on a certain piece of land in Hartely called Swallowfield of Johannesburg measuring 127,6238 hectares held under deed of transfer number DT 5157/99.
2) The first to third respondents be directed to refrain from collecting sale proceeds of stands. More
