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: This is an appeal against part of the judgment of the Magistrates Court which dismissed Claim A of the appellant against the respondent but awarded claim B as claimed. The parties had entered into an oral agreement in terms of which the appellant would transport defendant’s container from Kariba to the Democratic Republic of Congo in exchange for payment in United States Dollars into the appellant’s nostro account More
The first applicant is a publishing house in the print media industry. Its flagship is the weekly newspaper, the Zimbabwe Independent. The second applicant is a non-profit trust. It is the local chapter of an international organisation. Its mandate is described as broadly to fight and expose corruption, and to demand transparency in governments, state-owned firms and private institutions. Respondents 1, 2 and 4 are ministers of governments in charge of local government, finance and transport respectively. Respondents 1, 2 and 4 are ministers of governments in charge of local government, finance and transport respectively. The third respondent [ZUPCO] is... More
The parties to these divorce proceedings are agreed on virtually all issues relating thereto save for the distribution of two sets of movable items namely two snooker tables (also referred to as pool tables). Whereas the defendant insists that these two items are ineligible for distribution, the defendant contends to contramise.
The plaintiff’s position n with regards to the motor vehicle, which is an Audi motor vehicle registration number AEA 3952 is that he purchased it using the proceeds of a minatory dolicitim he received from a certain benefactor. On that basis he claims that the said motor vehicle is... More
MAKONESE J: This is an application for review instituted in terms of Rule 62 of the High Court Rules, 2021. The applicant is a mining syndicate with mining rights over a mining location known as Fundisi ‘H’ Mining Block. More
The two respondents in this application are the biological parents of the applicant who is an adult and is self-supporting and living independently of the respondents. The parents appeared before this court in case number HC 5592/22 which was determined by CHIRAWU-MUGOMBA J on 21 October 2022. In that matter the respondents herein were the applicants and the applicant the respondent. In case number HC 5592/22 the respondents herein sought a declaration conjoined with an interdict against the applicant. The dispute concerned the rights of occupation and control of a farm called Subdivision Z of Lot 1 of Marivale situated... More
This is an application for rescission of judgment in terms of Rule 449. The respondents raised points in limine one of which concerns the founding affidavit. That the founding affidavit is not properly commissioned and that therefore there is no affidavit before this court.
A look at the founding affidavit shows that at page 12 of the bound record of proceedings there is a paragraph 22 to the founding affidavit which is the last paragraph and the prayer as well as the applicant’s details. That page is not signed nor is it commissioned. There is, however a page 13 to... More
Defendant took a special plea and exception to intercept plaintiff`s suit for a declaratur, pleaded alternatively with contractual damages claim. The backdrop to the dispute is as follows; -plaintiff is an information technology consultant based in the Republic of South Africa. He appointed defendant, a firm of estate agents, to sell his immovable property situate in Harare and remit the sale proceeds cross-border to his base in South Africa.
[2] The property was indeed sold at a price of USD$190,000; but the funds were not transferred as per plaintiff`s instructions. Unresolved disagreements over this issue saw plaintiff issuing summons in... More
