|
Citation
|
Judgment date
|
| March 2008 |
|
|
Applicant’s amendment to correct a bona fide pleading error was allowed; punitive costs were refused.
Civil procedure — Amendment of pleadings under Order 20 Rule 132 — Amendments allowed liberally to decide real issues — Bona fide/arithmetic mistake — Pending exception not a bar if no irremediable prejudice — Refusal of special/punitive costs.
|
31 March 2008 |
|
Application to suspend electoral provisions dismissed for lack of urgency; court cannot suspend legislation and Attorney‑General must be cited.
Election law — Urgency — Whether matter urgent for urgent chamber application; Constitutional challenges — whether court may suspend legislation or regulations; Presidential Powers (Temporary Measures) Regulations — scope and vires; Assistance to disabled voters; Requirement to cite Attorney‑General; Interim relief in urgent proceedings.
|
27 March 2008 |
|
Ownership passed on signing; defendant breached a verbal buy-back agreement, which was cancelled and counterclaim dismissed.
Contract law — passing of ownership on signing; credit sale v. cash or instalment sale; enforceability and breach of verbal buy-back agreement; evidentiary value of signed payment vouchers; cancellation for non-payment.
|
18 March 2008 |
|
Electoral Court lacks jurisdiction to order production of voters' roll unless statute expressly confers such power; applicants may apply to High Court.
Electoral Court — jurisdictional limits — s161(1) "and other matters in terms of this Act" — statutory interpretation — expressio unius est exclusio alterius — availability of High Court jurisdiction — costs.
|
12 March 2008 |
|
A rent board's s30 certificate of ejectment is not a judgment and cannot be executed without a subsequent court eviction order.
Rent Regulations 2007 s30 — certificate of ejectment is a statutory preliminary step, not a judgment — noting an appeal does not automatically suspend non-judicial certificates — eviction requires a court order — limits on inherent jurisdiction to execute rent-board certificates pending appeal.
|
11 March 2008 |
|
Urgent interdict refused where forum wrong, urgency self-created, and constitutional political activity outweighs party’s claim.
Urgent chamber application; political party candidate disputes; forum conveniency — Nomination Court and internal remedies; self-created urgency; freedom of association and political activity; passing-off inapplicable to intra-party campaign material.
|
11 March 2008 |
|
Attachment obtained under earlier proceedings can confirm jurisdiction; Prescription Act s17(1)(c) applies where debtor is outside Zimbabwe.
Civil procedure – Jurisdiction against peregrines – Attachment/arrest to confirm jurisdiction where delict arose locally – Prescription Act s17(1)(c) – debtor outside Zimbabwe postpones completion of prescription.
|
11 March 2008 |
|
Trial proceeded after rescission without pleadings; magistrates’ court cannot depart from rules—judgment set aside and matter remitted for pleadings.
Civil procedure – Magistrates’ Court Rules – rescission of default judgment – requirement to give directions for future conduct – mandatory pleadings and pre-trial procedure – inability of magistrates’ court to depart from rules – procedural irregularity vitiating trial.
|
6 March 2008 |
|
A conviction under s 7 for driving a commuter omnibus by an under‑25 driver cannot stand absent an offence‑creating provision.
Road Traffic Act s 7 — minimum age for omnibus drivers; s 7(2) licence invalidity; repeal of offence‑creating subsection — no existing offence; necessity to inquire whether certificate of competency covers commuter omnibuses; alternative charge under s 6(1) (driving without requisite licence); need for legislative amendment and prosecutorial guidance.
|
5 March 2008 |
|
Whether insurer liable where broker accepted instalment premium and policy limited recovery to the agreed insured sum.
Insurance law – payment of premium – broker’s agency – acceptance/condonation of installment payment – limited/valued policy – indemnity limited to sum insured – repudiation for non-payment – quantum calculation.
|
4 March 2008 |
|
Absolution granted where plaintiff failed to plead or prove defendants’ misrepresentation in a fraudulently induced property sale.
Property sale – fraud by third party – misrepresentation – particulars of misrepresentation – failure to plead and prove prima facie case – absolution from the instance – distinction between misrepresentation and negligence – inconsistency of specific performance after misrepresentation.
|
3 March 2008 |