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The three applicants instituted the instant chamber application on an urgent basis seeking in the interim an interdict restraining the respondents from proceeding with an inquiry which commenced on 20 June, 2012, pending the determination of case number HC 3768/12. The matter was initially set down for hearing on 22 June 2012 at 1000 hours. On that day Mr Ndudzo who had just filed opposing papers that same morning advised that he represented only the first respondent although he had filed a notice of opposition stating that he was representing both respondents. For that reason, I directed that the second... More
The applicants seek the grant of interim relief in the form of a provisional order staying execution of a writ issued against them pending the determination of an application for rescission of judgment. This follows a default judgment granted under HC 6363/11 in which matter the first respondent sued the applicants for payment of the sum of US$5000 000-00. More
This matter came before me on a certificate of urgency issued in terms of r244 of the High Court of Zimbabwe Rules, 1971. The applicant seeks the following relief;-
“Terms of the Final Order sought
1. That the warrant of detention issued by the first respondent authorising the second respondent to detain applicant on 4 July 2012 be and is hereby cancelled.
2. The first respondent is ordered to determine the applicant’s request for extension of his Visa to stay in Zimbabwe within five days of this Order.
3. Should the application for extension of Visa be turned down, the... More
The plaintiffs are the registered owners of an immovable property known as 7 Dougal Road, The Grange, Harare. In or about July 2004 the plaintiffs entered into a written agreement with the defendant, in terms of the property mentioned above was leased to the defendant for an initial period of six months, which was subsequently renewed on various occasions, the last such renewal have been agreed to in January 2009. At all material times, the plaintiffs were represented by their nominated agents, Gabriel Real Estate in setting the rentals and other conditions governing the lease. More
The application before this court is for an order of ejectment of the respondent from the property known as 46 Van Praagh Avenue, Milton Park, Harare. The application is based on an alleged breach by the respondent of a lease agreement in terms of which it is a lessee of stand 4343 Salisbury Township of Salisbury Township Lands, also known as 4b Van Praagh Avenue, Milton Park. The said property is owned by the applicant. More
The appeal is noted against the judgment of the Arbitrator handed down on 7 September 2009. The Respondent has noted a cross appeal. More
This is an application for default judgment.
The application is being made at the Pre-Trial Conference stage. The background to the application is as follows:-
On 13 December 2011 the plaintiff issued summons against the defendants claiming payment of:-
“a) US$1 024 015,97
b) US$408 057,67 being interest
c) US$164,00 being bank charges
d) Interest on the sum of US$1 024 015,97 at the rate of 45% per annum subject
to variation from time to time with effect from the 1st of December 2011 to
date of payment.
e) Costs of suit on a legal practitioner and client scale and... More
