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The respondent instituted proceedings in this court in case number HC 1901/11 seeking an order for payment of the sum of US$17735-00 being the balance of the purchase price for goods sold and delivered to the two applicants, interest at the prescribed rate and costs of suit. The summons commencing action was served upon the applicants on 9 March 2011. More
: On 14 October 2011 the plaintiff issued summons against the first and second defendants. The second defendant (excipient) excepted to the summons. More
This is an application for leave to execute a judgement of the High Court granted on 26 November 2010 HC 5332/06 pending an appeal noted in the Supreme Court by the respondent on 14 December 2010. More
The proceedings herein stem from a decision of the Supreme Court in SC 13/12 setting aside the earlier judgment of this Court in HH 87-2010 and remitting the matter for determination after hearing evidence on two specific issues. The first relates to the rate of exchange applicable at the time when the defendant paid the sum of MK4,819,512 in discharge of the judgment of the Malawi High Court. The second pertains to the rate of interest, if any, applicable to the sum of US$848,662 awarded by the Supreme Court of Malawi. As was specifically pointed out in HH 87-2010, no... More
This is an application for an order of specific performance. The applicant claimed that in February 2001 he had bought the first respondent’s rights, title and interest in the property known as Stand 2851/9 Mutobwe Street, Masvingo[hereafter referred to as the property] for the sum of ZW$250 000-00 which he claimed to have paid in full. The applicant had obtained vacant occupation of the property immediately afterwards. He was still in occupation 12 years later when the matter came up for determination. It being the second respondent’s property, the actual relief sought by the applicant was an order directing the... More
The background of the matter is that the applicants are involved in on-going litigation with the respondent. The main matter, HC 2173/08, to which the present application for rescission relates was scheduled to be heard on 19 November 2009. The applicants, together with their legal practitioner, did not make an appearance. No explanation was tendered on behalf of both the applicants and their legal practitioner at the hearing. The respondent sought and obtained judgment by default against the applicants in that main matter. The applicants’ legal practitioner later learnt of the judgment against his clients when he made follow-up on... More
This matter has had a long and winding history before this court. There have been a multiplicity of cases that have been filed before this court which all related to the immoveable property in question since 2001 which have all contributed to the delay in the finalization of these cases. The matter was further delayed by the death of the second respondent as it became necessary for his wife to be appointed executor of his estate and for her to be substituted in his place. The fourth and fifth respondents who were not party to the proceedings in case number... More
