The plaintiff, U-Link Freight (Pvt) Ltd, sued the first defendant, Matrix Fertilizers (Pvt) Ltd, and the second defendant, Mr. Isaac Noah, for damages arising from a trucking incident. The plaintiff’s claim comprises two heads: (a) US$35,000 as the value of a freight truck that was rendered a total loss, and (b) loss of income quantified at US$22,000 per month for the period during which the truck was out of operation. The plaintiff alleges that the second defendant – who was driving the truck at the material time – was acting in the course and scope of his employment with the... More
This matter came before me as a Chamber Application by the Applicant seeking leave to file a Supplementary Affidavit in interpleader proceedings currently pending under Case No. HCH 53/25. The application was opposed by the third Respondent More
The applicant approached this court seeking temporary relief for stay of execution of an order granted by this court per CHINAMORA J pending the confirmation or discharge of the provisional order that it seeks before me. On the return date, the applicant also seeks by way of substantive relief, that the execution of the CHINAMORA J order be suspended pending the determination of an application for leave for direct access that was made to the Constitutional Court. More
This is an opposed court application in which the applicant, a residents’ association for the Crowhill area, seeks a declaratory order together with ancillary relief in terms of s 14 of the High Court Act [Chapter 7:06]. In essence, the applicant asks the Court to invalidate the establishment of a gated community by the first respondent (Mount Breeze Borrowdale Brooke Estate Owners Association) and to affirm the applicant’s members’ right to use a road (commonly known as Crowhill Road) traversing the first respondent’s property. The draft order prays for a declaration that the letter issued by the second respondent (City... More
This is an appeal against the whole judgment of the High Court of Zimbabwe, (the court a quo) handed down on 9 September 2024 under case number HCH 2270/24, being judgment number HH 398-24. In that judgment the court a quo dismissed the appellant’s application for condonation of late filing of an application for rescission of a default judgment and for the rescission of that default judgment. The application for the rescission of the default judgment was made in terms of r 29 of the High Court Rules, 2021. At the hearing an ex-tempore judgement, disposing the matter in terms... More
This is an application for the rescission of a default judgment granted by this court on 22 November 2023, under HCH 6544/23. In that matter, the respondent herein was the plaintiff, while the second applicant was the defendant. The court ordered that the defendant and all those claiming occupation through him must vacate a property known as Stand 41 Hessel Road Carrick Creagh Harare (the property) within ten (10) days of service of the order. The court further ordered that in the event that the respondent and all those claiming through him failed to comply with the directive to vacate... More
[1]This is an application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The applicant is a company incorporated in accordance with the laws of Zimbabwe. The first respondent claims to be an employee of the applicant, which claim is rejected by the applicant as it will more fully appear later in this judgment. The second respondent is a Labour Officer employed by the Ministry of Labour and Social Services, who issued a ruling subject to this application.
[2]The applicant seeks an order in the following terms:
Be and is hereby; More
