HB 066-18 GOLDEN RIBBON PLANT HIRE (PVT) LTD versus TRASTAR (PVT) LTD t/a TAKATAKA PLANT HIRE and Ors

GOLDEN RIBBON PLANT HIRE (PVT) LTD

versus

TRASTAR (PVT) LTD t/a TAKATAKA PLANT HIRE

and

RENSON MAHACHI

and

THE SHERIFF OF ZIMBABWE

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 8 MARCH 2018 AND 15 MARCH 2018

 

 

Urgent Chamber Application

 

 

L Mudisi for the applicant

M Dodzo with Ms T Gakanje for the 1st and 2nd respondents

 

 

            MATHONSI J:          Ever since the applicant sued out a summons against the first respondent herein in HC 2491/14 and proceeded to move for and obtained judgment in the sum of $87 288-52 together with interest and costs on a legal practitioner and client scale by order of this court issued on 18 June 2015 there has been no less than six applications filed in this court involving the same parties.  All but one of those applications have been initiated by the first respondent, which appears to be a one-man company with a perchant for litigation in pursuit of nothing else but to prevent the execution of the judgment of this court granted in favour of the applicant.  It is only the present application which has been filed by the applicant.

            The first respondent has approached this court twice, in HC 2696/15 seeking a rescission of the default judgment in HC 2491/14 in terms of rule 63 of this court’s rules.  The application was dismissed on 7 June 2016.  When its property was attached for sale in execution in pursuance of the judgment of this court, the first respondent’s director, who is the second 

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2018