The plaintiff issued summons against the defendant seeking an order for specific performance or alternatively, the value of soya bean not delivered to it in terms of a growers contract. The plaintiff’s case can be summarised as follows. The plaintiff and the defendant entered into a written contract for the 2017/18 growing season beginning October 2017 to September 2018. In terms of the agreement, the plaintiff undertook to provide and make available to the defendant farming inputs and cash to enable him to grow soya beans. More
MUSITHU J: This is a composite judgment which deals with two matters which were consolidated and argued at the same time at the request of the parties’ counsel. In HC 2524/22, which is Case 1 herein, the applicant applies for condonation for non-compliance with the rules of court and an extension of time within which to file a court application for rescission of a default judgment. The applicant is also seeking the rescission of the default judgment which was granted by this court in HC 2971/17. In HC 6784/19, which is Case 2 herein, the applicant is seeking the confirmation... More
The applicant is a banking institution, duly registered in terms of the laws of Zimbabwe and the respondent is a company duly registered as such in terms of the laws of Zimbabwe. Sometime in June 2022 the applicant issued a court application for a rei vindicatio against the respondent under case number HC 4274/22 and the application was opposed by the respondent. The applicant avers that the respondent failed to file its heads of argument timeously and was thus barred. Sometime in September 2022 the court per CHITAPI J granted a default judgement in favour of the applicant. Aggrieved by... More
On the 31st May 2023 at Harare F Mutambirwa in her capacity as a Designated Agent made a determination. She ordered Respondent (employer) to pay Appellant, (employee) an amount of US$2, 563, 56 in respect of notice pay, service pay and leave pay. Appellant then appealed against the determination to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
This was a chamber application for condonation and upliftment of bar. The applicant, CFI Holdings Limited [“CFI Holdings”] is one of five defendants sued by the first respondent, Stalap Investments [Private] Limited [“Stalap Investments”], in the main action under the case reference number HC 1855-20 [“the main action”]. More
At the onset of oral argument in this Court, respondent raised three (3) points in limine which appellant opposed. The points shall be dealt with ad seriatim. More
This is an application for rescission of a default judgment entered against the applicant on 22nd May 2023. It is opposed. The background of the matter is that the applicant is a former employee of the respondent. The applicant alleged that the respondent did not pay her terminal benefits when the parties parted ways .The matter was taken to a designated agent
.The designated agent dismissed the applicant’s claim. The applicant then approached this Court on review and the matter was struck off the roll for non- compliance with the Rules . She then made an application for reinstatement of... More
