The plaintiff is described in the summons and declaration as a company incorporated in terms of the laws of Zimbabwe. The defendant did not take issue with the description of the plaintiff as a company. A reading of the subsequent filed pleadings clearly show that the plaintiff is a union. As such the plaintiff must be an unincorporated association since the citation does not include the references, “private limited” or “limited” as required in law where a company is involved. The correct reference is important as it informs the court of the plaintiff’s locus standi and legal standing to bring... More
This is an application for the setting aside of an arbitral award in terms of Article 34 of the Model Law (Schedule to the Arbitration Act [Chapter 7.15] which provides in Sub-Article 2 as follows:
“Any arbitral award may be set aside by the High Court only if-
(a) …..
(b) the High court finds, that –
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe, or
(ii) the award is in conflict with the public policy of Zimbabwe.” More
The applicants seek a declaratory order in terms of s 85(1) of the Constitution as read with s 14 of the High Court Act [Chapter 7:06]. They argue that because the Constitution in s 65, entrenched the right to collective bargaining and to organize, the current scenario where public servants are precluded from doing so is not only untenable but also unconstitutional. They contend that the perception that the right to collective bargaining is being implemented is a facade because what is being undertaken currently is simply a consultative process based on the provisions of the repealed Constitution. That they... More
In this application the following relief is sought;-
“It is ordered that:-
1. The award of quantification of damages made by the second respondent on 28 October 2011 be and is hereby set aside.
2. The first respondent pay the costs of suit.” More
Section 3 of the Class Actions Act [Cap 8:17] provides as follows:-
“Application for leave to institute class action
(1) Subject to this section, the High Court may on application grant leave for the institution of a class action on behalf of any class of persons.
(2) An application for the institution of a class action –
(a) may be made by any person, whether or not he is a member of the class of persons concerned; and
(b) shall be made in the form and manner prescribed in rules of court. More
