What remains standing out as the only defence which the respondent is clutching to, as if life itself depends on it, in resisting this application for summary judgement in the sum of $31 238-00 in statutory dues, is that the applicant should have supplied the further particulars it requested on 27 October 2015 to particularise how the sum claimed is arrived at and the basis for claiming interest from January 2014. That interesting state of affairs was achieved after Mr Chiwara for the respondent and myself had exchanged notes as a result of which he promptly abandoned the other three... More
The plaintiff issued summons against the defendant, claiming payment of $106 665.24 comprised of outstanding council levies, pension fund dues and trade union contributions due on a collective bargaining agreement for the catering industry.The defendant raised a special plea that all claims prior to 1 September 2012 had prescribed. For the unprescribed amount, the defendant had no obligation to meet the same as it was unconstitutional to force it to belong to any employer’s organisation contrary to its right of freedom of association, and further and in any case, the statutes relied on by plaintiff to ground its claim were... More
The facts and legal background of the matter are common cause: at all material times the defendant was a member of the pension fund for the National Employment Council (NEC) for the Catering Industry as required by s 8 of the Industrial Agreement: Catering Industry, S.I. 359 of 1980. On 10 March 2016 defendant notified plaintiff in writing of its intention to cease its membership with the plaintiff’s pension fund and to stop all contributions by 1 April 2016.
Plaintiff advised defendant that it could not resign membership but ought to seek exemption. Defendant was subsequently denied such exemption. On... More
This is a Court Application for Summary Judgment being made in terms of Rule 30 (1) of the High Court Rules, 2021. The facts are that on 4 May 2022 the respondent acknowledged its indebtedness to the applicant in the sum of ZWL$5 830 703.22 (Five Million Eight Hundred and Thirty Thousand Seven Hundred and Three Zimbabwean Dollars and twenty-two cents) being unremitted levies up to March 2022. On the same acknowledgment of debt, the respondent undertook to service the debt as follows:
a) May 2022 ZWL$ 1 685 174.34
b) June 2022 ZWL$ 1 685 174.34
c) May 2022... More
After hearing argument, I granted the application and indicated the reasons will follow. These are they. This is an application for leave to execute judgment pending an appeal against the judgment dated 7 March 2007 given under case HC 3796/06. More
