The plaintiff’s prayer in the declaration reads:
“Wherefore the plaintiff claims against the defendant for an order in the following terms:
a) The defendant return forthwith into the plaintiff’s custody and possession two motor vehicles viz a Mercedez (sic) Benz registration number AAB 6070 and a Nissan Hardbody King Cab registration number ABG 7946 in the same condition the vehicles were in when the defendant dispossessed the plaintiff or IN THE ALTERNATIVE, should both vehicles or one of them be missing for whatever reason the defendant to pay the current market value of both vehicles or such missing vehicle.
b)... More
This is an application for rescission of judgment which in effect seeks to set aside the registration of a deed of settlement as an order of court using the mechanism of rescission. At a pre-trial conference the applicant as defendant entered into a deed of settlement with the respondent as plaintiff regarding the transfer and purchase of shares from Old Mutual Limited in lieu of applicant’s failure to transfer property purchased by the respondent. The deed of settlement was entered into on the 1st of July 2008. The shares were to have been purchased and transferred within fourteen days from... More
Following the decisionI made in HC 11586/15 (HH 456/17),the Supreme Court ordered that the matter be referred back to this court for the principles relating to rescission of judgment in terms of Order 9r63 to be considered.The background facts are briefly reiterated for context to the applicable principles. More
At the hearing of this matter, the issue if whether or not the respondent was barred was raised and MrNhokwara for the respondent submitted that the respondent was not barred as its heads were filed five days before the set down date. More
On 12 June 2012 Arbitrator D. Mudzengi gave the following award in favour of the applicants.
“My award is as follows:
1. It is ordered that respondent pays $77 373.41 salary arrears to the 25 employees within 21 days of this award. The names of the employees and the amounts owed are as per the attached schedule.
2. Claimants’ claim of unfair dismissal is hereby dismissed.” More
