The first defendant filed a combined special plea and exception to the plaintiff’s summons and declaration. It implored the court to uphold the special plea and the exception, and consequently to dismiss the plaintiff’s claim with costs on the attorney and client scale. The plaintiff opposed both the special plea and the exception. The plaintiff is a trade union established in terms of the Labour Act . It represents the interests of employees of the first defendant, a local authority established in terms of the Rural District Councils Act. The second defendant is a designated agent in the Employment Council... More
In November 2021 there was a deluge of chamber applications to this court for the registration of determinations or awards issued by designated agents employed by the National Employment Council for Rural District Councils [RDC]. In all of them, the applicant was the Zimbabwe Rural District Council Workers’ Union, a trade union. The first and second respondents would respectively be the particular rural district council concerned and the respective designated agent who would have issued the determination. Except for the names of the RDCs; the names of the designated agents, and the amounts of the awards, the applications were identical... More
This is an application for a declaratur, in terms of which the applicant seeks the following order:
1. The application for a declaratur be and hereby succeeds.
2. It be and is hereby declared that the respondent’s claims for payment against the applicant, which claims are based on the architectural designs and works that were carried out and submitted by the respondent to the applicant in the year 2007, arising from, out of and in connection with the agreement that was entered into by and between the applicant and respondent on or about 24 March 2006, have been extinguished by... More
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
