The common cause facts are that a vehicle, Isuzu KB single cab registration number DZT 234L with a venter box trailer registration number BKZ 2257L with temporary import permit reference number ZWBBPV17711 of 29.05.2022 issued in the name of a South African national, Mteki Zotha found its way across the border between two countries into Zimbabwe. The vehicle was in the custody and possession of the applicant. More
This court has been asked by the applicant to review the decision of the respondent of the 14th of October 2022, stamped on the 30th of November, 2022, on the basis of gross irregularity and unreasonableness as well as illegality. The application has been brought in terms of s27 of the High court Act [Chapter, 7:06] as read with s4 of the Administrative of Justice Act [Chapter 10:28]. It is contested. More
Defendant does not deny signing the acknowledgement of debt and its validity but challenges the same on two grounds. Firstly, he states that the affidavit was entered into under duress. The amounts reflected therein are usurious, inflated and exaggerated as they did not reflect the actual amount he borrowed and the attendant interest. He further avers that the capital debt he owed which he had borrowed amounts to US$2 300,00 to be paid with an additional interest of 35% translates to total amount of US$3105.00 according to his calculations. The amount was to be paid back in three instalments of... More
This application was placed before me on a certificate of urgency for a final order of attachment of a boat known as The Royal Nikobasa to found jurisdiction in an anticipated pecuniary claim against the first respondent only. In the same application the applicant seeks an order to serve process on the first respondent through e-mail. The second respondent was joined to the proceedings by way of an application for joinder. More
This is an appeal against a judgment of a Magistrate, refusing bail in respect of the three appellants. The appellants pray that the judgment of the court a quo be set aside and substituted with an order that they be admitted to bail with appropriate conditions. More