This is an application for joinder to join the applicant to action proceedings filed by the first respondent under HC 3383/20 seeking to invalidate the acquisition of the farm which the applicant is occupying as a beneficiary. The present application is made in terms of r 32(12)(b) of the High Court Rules, SI 202 of 2021. More
This is an appeal against a determination of the second respondent dismissing the appellant’s claim for underpayment by the 1st respondent. The appellant also filed a review against the 2nd respondent’s determination. The matters are unopposed. I have written this judgment simply to clarify the provisions of the relevant rule of this Court. More
: The dispute in this matter concerns a piece of land of substantial hectarage situate in the district of Goromonzi called remaining extent of Stuhm measuring 1074.7410 hectares. The property was registered in the name of Cecil Michael Reimer under deed of Transfer No. 3032/87. Consequent upon obtaining a subdivision permit to divide the land, Reimer created subdivisions called Lot 1 measuring 583.1360 hectares and Lots 2 and 3 measuring respectively 412.1091 hectares and 79 4959 hectares. The lots were sold respectively to TBIC Investments and registered under Deed of Transfer No. 1724/09 for Lot 1; to Damall Investments and... More
This is an appeal against the judgment of the Magistrates Court sitting at Beitbridge Magistrates Court. Before the Magistrate was an application for contempt of court pursuant to section 71(3) of the Magistrates Court Act [Chapter 7:10]. The respondent herein whom l shall refer to as Baureni in relation to proceedings before the Magistrate was the applicant in the Magistrates Court. The appellants herein were the respondents in the Magistrate Court. Baureni was on 17 January 2021 arrested by the police along the Beitbridge Bulawayo highway. He was driving a Scania truck registration no AFG 0697. He was taken to... More
At the onset of oral argument in this Court 1st respondent raised 3 (three) points in limine which applicant opposed. The points shall be dealt with ad seriatim.
1. That the deponent to the founding affidavit does not have authority to institute these proceedings:
The founding affidavit was deposed by Ms Lisa Zvinavashe in her capacity as the attorney for applicant. Respondent argued that Zvinavashe could not institute legal proceedings without a board resolution authorising her to do so. In furtherance of this argument reliance was placed on the matter of Dube v PSMAS 2019(3) ZLR 589 (S) at paragraph... More
This is an application for the provisional liquidation of the first respondent and for the appointment of Theresa Grimmel as the liquidator in accordance with the requirements of the law. The application is being made in terms of s 6 as read with s 14 of the Insolvency Act [Chapter 6:07] (“the Act"). The application is opposed by the first respondent. More
In this application, applicant seeks a declaratory order to the effect that 4th respondent’s attachment, subsequent sale of applicant’s undivided share in her matrimonial home and also his failure to immediately remit her share of the proceeds of the auction thereof were unlawful. More
