The above two applications were dealt with together at the request of the parties as the issues involved arise from the same agreement and the parties are the same save for the fact that the applicant in the first matter is the first respondent in the second matter and the applicant in the second matter is the first respondent in the first matter. More
: When these matters first came before me on 18 July 2013, Mr Mpofufor the respondents sought a postponement to enable the respondents to attend to a host of house-keeping issues which were then outstanding. In particular, the respondents desired to submit bonds of security in terms of r 66 (1) of the High Court of Zimbabwe Rules, 1971 in order to meet the summary judgment applications. Although the application was strongly opposed by Mr Mazonde who appeared for the applicant, I granted the application as it was apparent that Mr Mpofu was not ready to argue the matter and... More
These three matters were consolidated at the Pre-trial Conference stage.
Because all three raised similar issues, largely involved the same parties and called for evidence from the same witnesses the consolidation for the purposes of a single trial was clearly justified. More
As the two matters involve the same subject matter they were consolidated for purposes of this trial. The determination of HC 8866/14 automatically determines the outcome of HC 8193/14. Although in HC 8866/14 Innocent Paradzayi Makwiramiti (Mr. Makwiramiti) sued 6 defendants it is only Solomon Sigauke (Mr Sigauke) who defended the matter, so he is the only defendant in that matter. So these two cases HC 8866/14 and HC 8193/14 involve Mr. Makwiramiti and Mr. Sigauke only. More
The three records of proceedings came to the High Court through referral by scrutinising regional magistrates in terms of s58 (3) of the Magistrates’ Court Act [Chapter 7:10]. The records were separately placed before two other judges and me. After a discussion, the judges were of the view that the concerns arising from the proceedings were similar. It was therefore prudent to address them in a composite judgment. More