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The first respondent obtained a default judgment against the applicant for want of filing a plea in case number HC 1271/12. It is not stated when that default judgment was granted or even when the applicant became aware of it. In execution of that judgment, the second respondent attached an aircraft allegedly belonging to a company called Aero-Precision in which the applicant is the principal director and shareholder. That aircraft is not registered in Aero-Precision’s name but in the name of Yankee India Syndicate. More
The applicants approached this court on an urgent chamber basis seeking a provisional order in the following terms:-
“TERMS OF THE FINAL ORDER SOUGHT
1. It is hereby ordered that the respondents be and are hereby barred from interfering with the occupation, possession and use of the applicant’s land use and paece. (sic)
2. The respondents pay costs of suit on a higher scale. More
When the plaintiff drove his BMW 528i series motor vehicle, registration number AAG 6022 to Kuwadzana Police Station and parked it at the police car park on the night of 14 November 2009 he did not know that he was driving the said vehicle for the last time. He had been involved in an accident with a pedestrian somewhere along Harare – Bulawayo road and as is the norm, the police impounded the vehicle for further investigations and demanded that he drove it to the police station. More
This case represents a very sad state of affairs on the part of the Minister as the acquiring authority of land in this country and the other ancillary Government departments in land allocation and distribution. They are not able to speak with one voice and they have been sending conflicting signals to the occupiers of Tavydale Farm. This approach does not bring transparency to the whole land regime in this country. More
The applicant is a tenant occupying premises known as Ground Floor, Building 3 at Arundel Office Park, Mount Pleasant Harare by virtue of a lease agreement entered into with the respondent. When a rent dispute arose between the parties, it was referred to arbitration in terms of clause 34 of the written lease agreement of the parties, through the President of The Real Estate of Zimbabwe, who appointed the second respondent as arbitrator. More
This is one of those cases in which the maxim the law does not assist the sluggard can be aptly invoked. The claimant purchased a four roomed house in Kuwadzana in November, 2009 from one Langton Mwarazi for $10 000-00 which was fully paid. For various reasons which do mot legally excuse the delay, the property did not find transfer into the claimant’s name. In November, 2011 that property was attached by the deputy sheriff (applicant) to satisfy a judgment which the judgment creditor had obtained against Langton Mwarazi. This prompted the claimant to institute these interpleader proceedings claiming ownership... More
: The dispute in casufound its way to court by way of interpleader. Here are the facts: the judgment creditor (Electrical & Pulley) obtained a judgment in its favour in case No HC 4786/06 against Shamu Trading and Investment (Private) Limited, William Oliver Shamu, George Leonard Shamu and Cephas Leonard Shamu. Also common cause is that the claimant (Shamu Pen Tip) was not a party to the said judgment. Electrical & Pulley issued out a writ of execution in HC 4786/06 against the debtors therein. In executing that writ, the Deputy Sheriff attached certain piece of land in the district... More
