On 14 May 2020, the respondent, as the plaintiff filed summons in case number HC 2315/20 against the applicant, as the first defendant, claiming payment of US$596 422.86 with interest and costs. It alleged that the said amount was what the applicant owed due to a breach of contract to supply diesel to the respondent. The diesel supply agreement related to the Hwange Power Station (600MW) Expansion Project. The second defendant in that action was cited as Dynamic Success Southern Africa (Pty) Ltd. The applicant defended the claim and also filed a claim in reconvention against the respondent for payment... More
This is an urgent chamber application for an interdict pendente lite. The interim relief sought is that pending the return date of the instant matter the first, third and fifth respondents be barred from transferring either Stand 2594 Marondera Township of Marandellas Township Lands measuring 11, 5843 hectares, held under Deed of Transfer No. 4793/2022 or Stand 8928 Marandellas Township of Stand 2594 Marandellas Township measuring 5 hectares, to the second respondent or to any other person except to the applicant. Applicant also seeks an order interdicting the third respondent from alienating his shareholding in the first respondent to any... More
The roots of the dispute in this matter lie in tender ZETDC/Inter/O7/21 for the supply and delivery of prepayment meters vending system flighted by the fourth respondent. The applicant submitted a bid and was unsuccessful whilst the fifth respondent was the successful bidder. The applicant sought to challenge the bidding process and was advised that it should pay the sum of US$50 000 for that purpose. The applicant holds a strong view that the requirement to pay security to challenge a bidding process is unconstitutional. It is trite that the applicant is a company registered in England and Wales. It... More
1. The appellant brings an appeal against the entire judgment of the Commercial Division of the High Court of Zimbabwe (the court a quo), which dismissed his preliminary objection to jurisdiction and choice of law. It then proceeded to hand down judgment for the respondent on the merits with costs. Finally, it declared the appellant’s two hypothecated immovable properties specially executable. More
This is an application for quantification of damages following the remittal of the matter by the Supreme Court.
At the commencement of the proceedings, Mr. Banda stated that he had a preliminary point to raise. He submitted that there was a substantive award by L. Gabilo which was quantified and is still pending. He further submitted that the same issues which had been placed before L. Gabilo were those before the Court in the present application. He averred that it was thus an incompetent application. The said the second issue alluded to the decision by L. Gabilo and he argued... More
This is a court application for variation of a custody and access order. The applicant and respondent are ex-wife and ex-husband respectively; their divorce having been granted in 2019 by this Honorable Court. The applicant seeks variation for custody and access order previously granted. More
