This is chamber application by the applicants seeking the dismissal of the court application under case No. HC 8289/16 filed by the respondent against the applicants. The chamber application is brought in terms of r 236 (4) (b) of the Rules of the High Court which reads;
“(4) Where the applicant has filed an answering affidavit in response to the respondent’s opposing affidavit but has not, within a month thereafter, set the matter down for hearing, the respondent, on notice to the applicant, may either—
(a) set the matter down for hearing in terms of r 223; or
(b) make... More
MANYANGADZE J: This is an application for a declaratur, in which the applicant seeks an order declaring that its indebtedness to the respondents has been fully extinguished. The application arises out of a Labour Court judgment, LC/MS/09/18, handed down on 7 June 2018, in terms of which the applicant was ordered to pay the respondents certain benefits accruing from their contract of employment with the applicant. More
The applicants’ legal practitioners wrote a follow up letter dated 5 December 2016 enquiring on the judgment in this application which was argued before me on 8 November 2016. More
The facts in this matter are common cause. The appellant instituted proceedings in the magistrate court sitting at Chiredzi for the eviction of the respondents and all those claiming occupation through them from leased premises situated at Lot 11 A and Lot 12 A of Triangle Ranch Triangle Township, Triangle.
The first respondent is a company duly registered in terms of the laws of Zimbabwe. It is presently under Judicial Management. The 2nd to 32nd respondents are either farmer or current employees of the 1st respondent who occupy separate dwellings situated on the leased premises described above and are in... More
The dispute revolves around an agreement of sale of an immovable property which was signed by the parties sometime in 2017. First respondent is a former employee of the applicant. Second respondent is the wife of the first respondent. First respondent was retrenched around 2017. Prior to the retrenchment, the applicant had advanced a loan to the first respondent. At the time of his retrenchment, the first respondent owed the applicant about US$492,000.00. The respondents signed an agreement for the sale of their property to the applicant in satisfaction of the outstanding loan amount. The parties also signed a loan... More
