WAMAMBO J: This matter is a divorce action wherein the parties are agreed on a number of important issues. To that end they have filed a consent paper dealing with the issues where they are in agreement. More
In more than three quarters of the opposed court applications filed in this court, respondents raise one or more preliminary points. This is one such case. In some instances, preliminary points are argued to greater length than the merits of the case itself. This invariably results in judgments to dispose the preliminary points which may either succeed or fail. In casu, the 1st, 2nd, 3rd, 6th and 7th respondents raised a number of preliminary points which are subject of this judgment. More
The plaintiff (“Ecobank”) is a bank registered and licenced in terms of the laws of Zimbabwe. In that capacity, it offers loans, advances and other such credit facilities to borrowers. The first defendant (“Solgas”) is also a registered entity in terms of the laws of Zimbabwe. It is in the business of solar power generation.
[5] By written agreement dated 27 July 2023, Ecobank extended loan for capital expenditure in the sum of US$450,000.00 to Solgas. In terms of that agreement, tiled “Working Capital Facility Agreement” (referred herein as the “loan agreement”), Solgas undertook to liquidate the principal and interest... More
This matter comes before the Court on an exception raised by the defendant against specific claims pleaded in the plaintiff’s declaration. The defendant contends that certain claims - specifically claims 2, 3, 4, and 5 - fail to disclose a proper cause of action because they do not sufficiently allege the requisite elements of negligence or a special duty of care necessary for a delictual claim. The plaintiff, by contrast, asserts that the defendant’s unauthorized engagement with third-party suppliers, conducted without proper due diligence and in breach of the plaintiff’s internal procedures, caused quantifiable financial loss. This judgment addresses both... More
This is a constitutional court application filed in terms of rule 107(1) of the High Court Rules, 2021. The matter was heard on 19 November 2024. After hearing submissions from the parties’ legal practitioners, the court issued an ex tempore judgment the operative part of which was that the application was dismissed with no order as to costs. A letter from the respondent’s legal practitioners dated 31 January 2025 was placed before me wherein a request for written reasons for this court’s decision of 19 November 2024 were sought. What follows are the full written reasons thereof. More
1. This is an appeal against the whole Arbitral Award handed down by Honorable Arbitrator, N. Shumba on the 14th of November 2024. Appellant raised Five grounds of appeal as follows: More
