The applicant, (the Union) seeks an order placing the 1st respondent, (Telecel) on corporate rescue in terms of section 124 (1) of the Insolvency Act, Chapter 6:07 (the Act). The Union contends that the requirements of section 124 (4) (a) of the Act are met in that Telecel is financially distressed. The Union claims to have locus standi as a creditor and a registered trade union representing Telecel employees.
Telecel opposes the application and raised three preliminary points which is the subject of this ruling. More
During the pre-trial conference, the parties agreed that this matter be dealt with as a special case in terms of Order 29, r 199 of the High Court Rules, 1971. The facts in relation to the special case are contained in a document signed on 28 August 2020 by both parties, whose contents are captured below: More
1. The applicant as its name implies, is a trade union, duly registered in accordance with the laws of the country, to represent the interests of the workers in the communications and related industries. The respondent is a provider of communication services. Its employees are members of the applicant.
2. On 6 October 2005, the employees of the respondent went on strike after giving the employer notice of their intention to do so.
3. When served with the notice of intention to go on strike, the respondent applied to the Minister of Public Service, Labour and Social Welfare for a... More
The applicant was formed by Harare residents in 2003 and registered as a Trust in 2006. Although in the founding affidavit deposed to by one Stewart Musiwa he himself as “the Director, of applicant company,” this is clearly a misnomer as the applicant is not a registered company but a trust. More
This is a competition law matter and concerns the definition of the term “merger”, in terms of the Competition Act, [Chapter 14:28], [hereinafter referred to as the Act]. More
