Godfrey Nyabvure v Bromine Capital Solutions (PVT) LTD and Magistrate Wochiwungu N.O [2025] ZWCHHC 12 (25 January 2025)

2 HCC 02/25 HCCC 142/24 GODFREY NYABVURE versus BROMINE CAPITAL SOLUTIONS (PVT) LTD And MAGISTRATE WOCHIWUNGA N.O HIGH COURT OF ZIMBABWE MUZOFA J CHINHOYI, 25 January 2025 Unopposed Application M. Mutsvairo, for the applicant No appearance for the respondents MUZOFA J: This matter was struck off the roll of unopposed matters after a request was made by Mr. Mutsvairo who represented the applicant on the 14th of November 2024. Mr Muchengeti representing the 1st respondent requested for reasons. There is nothing much to write. The court did not exercise its mind on the issues at all. On the date of hearing, Mr Mutsvairo took to his feet and submitted that, the order filed of record was incorrect. It was an order filed in respect of another matter between the parties presided over by my sister Judge BACHI-MZAWAZI J. He moved the court to strike off the matter from the roll. I must add though that, it appeared there was an order, but if the applicant was dissatisfied and not content with the order, it was not for the court to force it on the applicant. The submission meant there was not draft order. The application was therefore defective. A draft order is an integral part of every application. Its absence means there is no prayer, nothing to grant or dismiss. In any event, after going through the pleadings I noted that there were issues that needed to be addressed. For instance, the applicant’s affidavit on page 176 to 177 was disjointed. The facts do not flow. The last paragraph on page 176 was numbered 5 and on page 177 there is paragraph 7.3. Obviously, some page was missing. Secondly, pages 189 to 190 was illegible, and nothing could be made out of it. It is for those reasons that the following order was made; Matter struck off the roll with no order to go. Mushonga, Mutsvairo & Associates, the applicant’s legal practitioners 2 HCC 02/25 HCCC 142/24 2 HCC 02/25 HCCC 142/24 GODFREY NYABVURE versus BROMINE CAPITAL SOLUTIONS (PVT) LTD And MAGISTRATE WOCHIWUNGA N.O HIGH COURT OF ZIMBABWE MUZOFA J CHINHOYI, 25 January 2025 Unopposed Application M. Mutsvairo, for the applicant No appearance for the respondents MUZOFA J: This matter was struck off the roll of unopposed matters after a request was made by Mr. Mutsvairo who represented the applicant on the 14th of November 2024. Mr Muchengeti representing the 1st respondent requested for reasons. There is nothing much to write. The court did not exercise its mind on the issues at all. On the date of hearing, Mr Mutsvairo took to his feet and submitted that, the order filed of record was incorrect. It was an order filed in respect of another matter between the parties presided over by my sister Judge BACHI-MZAWAZI J. He moved the court to strike off the matter from the roll. I must add though that, it appeared there was an order, but if the applicant was dissatisfied and not content with the order, it was not for the court to force it on the applicant. The submission meant there was not draft order. The application was therefore defective. A draft order is an integral part of every application. Its absence means there is no prayer, nothing to grant or dismiss. In any event, after going through the pleadings I noted that there were issues that needed to be addressed. For instance, the applicant’s affidavit on page 176 to 177 was disjointed. The facts do not flow. The last paragraph on page 176 was numbered 5 and on page 177 there is paragraph 7.3. Obviously, some page was missing. Secondly, pages 189 to 190 was illegible, and nothing could be made out of it. It is for those reasons that the following order was made; Matter struck off the roll with no order to go. Mushonga, Mutsvairo & Associates, the applicant’s legal practitioners