This ruling is made pursuant to a preliminary point raised in the first defendant’s plea. The ruling deals with the narrow issue of whether this court has jurisdiction to hear this matter. At the commencement of the trial, counsel agreed to file heads of argument on the point and leave the court to deal with the matter on the papers. More
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following:
i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More
The first respondent is a former employee of the applicant. On 12 February 2016 he obtained an arbitral award against his former employer, the applicant. On 4 July 2017 the first respondent had the arbitral award registered as an order of this court under case number HC 1753/16. On 16 October 2017 he had a writ of execution issued by the registrar of this court and this resulted in the Sheriff attaching the applicant’s movable property on 18 October 2017. The property was due for removal on 23 October 2017. More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to a fine US$400 or in default of payment three months imprisonment. He appeals against condition only.
At the hearing of the appeal the appellant abandoned the first two grounds of appeal and relied on the only two remaining grounds.
The first of the two remaining grounds stated that;
“The court a quo misdirected itself in disregarding appellant’s defence that he was given the service stationas an exit package by his employer, which defence was most... More
The above matters were filed as case numbers HC 3855/09, HC 3846/09 and HC 3891/09. At the hearing of the matter, the parties agreed that the matters be consolidated as all the matters raised the same issues. I consolidated all three matters.
The background to the matters is that the applicants bought residential units from the first respondent in a cluster housing scheme being developed by the second respondent on land owned by the first respondent. They also entered into building contracts with the second respondent. More
