The appellants appealed against the decision of the Magistrates Court in which they were convicted after contest of contravening sections 189 as read with s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code) and s 89(1) of the Code. More
The Applicant approached this court seeking the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Cap 28:01].
The application is opposed mainly on three grounds which were raised as points in limine. Firstly the Respondent argues that the applicant proceeded by way of chamber application instead of a court application. Secondly that the award was granted in default and the Respondent has applied for the rescission of the award. Thirdly the matter is lis pendenis.
Points in Limine More
The facts of the matter are that the applicant and the first respondent are involved in a trial in the Magistrates Court. The first respondent which is the plaintiff in the matter sued the applicant who is the defendant for eviction from Shop no. 11 Corner 40 Cameron Street Harare. It is common cause that on 7 July 2023, the applicant arrived late for continuation of trial and found the court having issued a default judgment. It is on this basis that the applicant prepared and filed the present urgent chamber application for stay of execution of the default judgment... More
The applicant approached this Honourable court on an urgent basis seeking the following relief; it is ordered that,
i) First respondents bar and restaurant operating at number 71 Central Avenue, Harare be and is hereby declared an unlawful nuisance infringing on applicant’s rights.
ii) that the first respondents license to operate a bar and restaurant operating at number 71 central avenue issued without following due process be and is hereby declared null and void.
iii) That the second and third respondent be and are hereby directed to revoke the issued license upon the issuance of this order, and lastly.
iv)... More
On 5 March 2009 the plaintiff herein instituted proceedings against the three defendants, jointly and severally, the one paying the others to be absolved for the payment of an amount of US$ 30 306.13, interest at the prescribed rate and costs of suit. The defendants all entered appearance to defend and filed a joint plea. In due course the matter was referred to a pre-trial conference before a judge in chambers and it was thereafter referred to trial. A joint pre-trial conference was filed by the parties which encompassed the issues for trial as well as the admissions made. When... More
