HH 354-18 TREBO & KHAYS (PRIVATE) LIMITED and Ors versus DEPOSIT PROTECTION CORPORATION

TREBO & KHAYS (PRIVATE) LIMITED

and

OBERT MOSES MPOFU

and

SIHANYISIWE MPOFU

and

KHANONDO SAFARIS AND TOURS (PRIVATE) LTD

and

MOYA SECURITY (PRIVATE) LIMITED

versus

DEPOSIT PROTECTION CORPORATION

(in its capacity as the Liquidator of Allied Bank)

 

HIGH COURT OF ZIMBABWE

MUZENDA J

HARARE, 21 & 25 June 2018

 

 

Opposed Application

 

 

T Magwaliba, for the applicants

S Moyo with D Tivadar, for the respondent

 

            MUZENDA J: This is an application for rescission of judgment granted in error where the applicants are seeking the following relief

            “IT IS ORDERED THAT:

 

  1. The judgment of this Honourable Court in case number HC 8287/15 dated 17 May 2017 be and is hereby rescinded and set aside.
  2. The respondent shall pay the costs of this suit on an attorney and client scale if it opposes the present application.”

 

The application is vehemently opposed by the respondent.

The background of the matter is set out below as follows:

The respondent instituted summons against the five applicants claiming orders directing the applicants to sign or cause to be signed papers which would ensure the transfer of certain specified properties to the respondent. Alternatively, the sum of $16 790 000 was claimed. The parties filed all necessary pleadings where after a pre-trial conference was held and issues for trial spelt out.

 

Download File: 

Tags: