This is an application challenging the constitutionality of the provisions of s 314 of the Urban Councils Act [Chapter 29:15] as being ultra vires the provisions of ss 264 and 265(1) and (2), s 274 and s 276 of the Constitution of Zimbabwe. The applicant applies that s 314 of the Urban Councils Act [Chapter 29:15] (hereinafter referred to as “the Act”) be set aside. The application is opposed. More
On 20 June 2012, this court granted an order placing the respondent under provisional liquidation following an application by the applicant, one of the respondent’s creditors, which is owed a sum of US$935 796-33 in terms of yet another order of this court issued by consent on 12 January 2012. More
The applicant is the Commercial Workers Union of Zimbabwe, a union which represents the interests of commercial workers in Zimbabwe. The respondents are members of the union who filed an ex parte application in the magistrate’s court and obtained the following interim order: More
This is an application for a declaratur in terms of which the applicant seeks the following order.
1. That the allocation and sale of stands 19751 – 19793 Budiriro Township to applicant’s member co-operatives by the first respondent is legally binding and
2. The first, second and third respondents be and are hereby ordered to stop the re-planning and or re-allocation of stands 19751 – 19793 to any other person who is not the applicant’s member co-operatives.
3. The sixth respondent be and is hereby ordered to demolish the brick and mortar wall erected encroaching over the applicant’s member co-operatives... More
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
