On 10 May 2018 the applicant sold to the first and second respondents [“the respondents”] a piece of land from a certain housing development project by him in Good Hope Township of Harare. The sale was in terms of a written agreement. All the usual terms were agreed upon, including the purchase price and the mode of paying it. In terms of the agreement, the deposit was to be paid to the seller as cash upon signing. The monthly instalments would also be paid in cash within the periods as specified. Another clause in the agreement stipulated that all the... More
The brief background to this matter is that the applicant and first respondent were duly nominated as candidates to contest on 23 August 2023 for the seat of Ward 35 Mazowe Rural District Council. It is the applicant’s averment that the first respondent was not qualified to be nominated as, though he is an owner of land held under an agreement of lease being Plot No. 13, Danbury Park Farm in Mazowe Rural District Council, he owed Mazowe Rural District Council in unpaid levies. The amount owed is said to be four hundred and twenty United States Dollars and this... More
At the onset of the review application the applicant raised the point in limine stating that there is no opposition to the review application on account of the fact that the opposing affidavit was deposed to by a person who did not file with the court a board resolution indicating that he is authorised to depose to the affidavit. More
Applicant states that she was placed on indefinite suspension if one has regard to the time it took the respondent to conclude her matters. It is her view that such conduct was in breach of section 6(2) (b) of the National Code which is imperative that the disciplinary proceedings if commenced should be concluded within 14 days. In response to this the respondent argued that applicant was the author of her own misfortune in that she delayed in availing the documents which were needed to conclude the audit. A reading of the record however shows that the whole delay could... More
It is important to give a background of the matter. The background is this:-
The applicant is a member of the 1st respondent, a co-operative registered in terms of the Co-operative Societies Act (Chapter 24:05) and so registered since 1994.
The 1st respondent owns a farm known as Lot 1 of Copthal Block 2 situated in Gwanda and measuring 4551,524 hectares. The members are into cattle ranching.
The members had a dispute over the keeping of members’ personal cattle on the farm and the dispute was resolved by CHIWESHE J (as he then was) under judgment number HB 71-2002. The... More
1. This is a chamber application for dismissal for want of prosecution in terms of r 59 (15) (b) of the High Court Rules, 2021. The applicant seeks to dismiss an application for rescission of judgment filed under cover of case number HC 637/21 (main application). The order sought is couched in the following terms:
a. That the respondent’s court application for rescission of judgment under Case No. 637/21 be dismissed for want of prosecution.
b. Each party to bear its own costs of suit.
2. The application is opposed by the respondent. More
This is an application for condonation for late filing of an application for recession of default judgment and an application for rescission of default judgment. More
