This is an appeal against the decision of the Labour Court dismissing an appeal against the determination of the second respondent, the Registrar of Labour, to register the first respondent as a trade union. The appellant is an organisation of bankers, while the first respondent was formed to represent the interests of managerial employees in the banking, finance and allied industry. More
[1] This is an appeal against a judgment of the Labour Court dismissing an application for the review of an arbitral award in favour of the first respondent. The second respondent is the arbitrator whose award is the genesis of the application for review. The arbitrator did not file papers in the court a quo and did not appear before this Court. As a consequence, there is only one respondent. After hearing the parties in this matter we allowed the appeal with costs. The substantive order will be set out in detail after the discussion of our reasons for judgment... More
This is an appeal against the entire judgment of the High court (“the court a quo”), wherein it removed the appellant’s matter from the roll in order to pave way for the finalisation of an application filed before the Constitutional Court under case number CCZ 12/22. More
Sometime in 2012, the fifth respondent obtained judgment under HC 3331/14 against the first respondent. This was a result of the latter’s failure to pay the balance of USD$116 000 after he sold, on instruction, the fifth respondent’s piece of land in Mount Pleasant. The court ordered the sale in execution of the first respondent’s property known as the remainder of Subdivision C of Lot 6 of Lots 190,191,192,193,194 and 195, Highlands Estate of Welmoed (hereinafter referred to as “the property”). On 18 September 2017, the appellant participated in the Sheriff’s sale by public auction, of the first respondent’s property,... More
The appellant and the respondent executed a written contract on 12 May 2018, in terms of which the appellant was required to perform construction work for the respondent at a total cost of US$36 962.00. The contract stipulated that the respondent was required to pay a deposit of US$10 000 and thereafter pay the balance in instalments of US$ 900.00 per month over 31 months. The respondent duly made her payments in terms of the contract until February 2020 when she advised that she could not pay the money due to ill health. More
