The two urgent chamber applications were consolidated upon request by parties, on the basis that the parties are substantially the same and the resolution of one application has a bearing on the outcome of the other. For convenience l will refer to parties by their names.
The background to the case which is undisputed is as follows.Rose Natalie Heuer “Rose” is the owner of several mining claims collectively known as Empress Mine in Mashava. Lugania Investments (Pvt) Ltd ‘Lugania’ is a registered company in terms of the law. Lugania entered into a tribute agreement with Rose to mine at Empress... More
The plaintiff in this matter seeks payment of the sum $25 million being damages for pain and suffering and contumelia arising out of an assault she alleges was perpetrated upon her person by members of the Zimbabwe National Army. The defendant denies that members of the defence forces assaulted the plaintiff and consequently denies any liability for any assault the plaintiff may have suffered. More
On 18 day of March 2015 the Honourable Arbitrator F. Matanhire issued an arbitral award in favour of the applicant in terms of which the respondent was ordered to pay the applicant the sum of US$10 407.22. The applicant now approaches this court in terms of s 98 (14) of the Labour Act [Chapter 28.01] to register the award so that the award can become an order of this court for it to be enforced. More
The delay in the determination of this matter requires explanation.
This application was first heard on 28 September 2009. At that time Advocate Mandizha and Mr Mahlangu represented the applicants and first respondent respectively. The matter was then postponed to 30 September 2009 for continued hearing. However, the matter was only heard again on 21 October 2009 whereupon the applicant’s legal practitioner indicated the intention to apply for leave to file a supplementary affidavit. The respondent clearly indicated its intention to oppose the application. I then postponed the matter sine die in order to allow the applicants to file a... More
This is an application for rescission of a default order granted by this court on 29 March 2010. The order reads as follows:
“IT IS ORDERED THAT:
The judgment with costs be, and is hereby entered for plaintiff in the sum of US$17 116.00 with interest thereon at the prescribed rate from 20 July 2009 to date of payment.” More
