On 5 October 2017 I dismissed an urgent application filed under Case No. HC 101/10 for want of prosecution and gave my oral reasons for doing so. I indicated that I would give written reasons for doing so for a fuller appreciation by the parties of those oral reasons. More
The matter before me is an application for absolution from the instance at the close of the plaintiff’s case. The brief facts of the case are as follows. The plaintiff seeks payment of the Zimbabwean dollar equivalent of US$607, 453, 35 calculated at the interbank rate prevailing as at the date of payment. After initial denial of liability by the defendant, the only issue that remained for trial was couched in the joint pre-trial conference minute as follows, “Whether or not the obligations that gave rise to this action were caused before or after 22nd February 2019”. The date is... More
The present feud has its genesis in matters of employment law. The first and second respondents are the third respondent’s managing director and human resources manager respectively. The Applicant was employed by the third respondent as a manager. In 1995 he was dismissed from employment by the respondents. On 21 December, 1999, the Employment Council for the Banking Undertaking which heard the applicant’s appeal, resolved that an incorrect Code of Conduct had been used and ordered that the applicant “should be reinstated with full pay and benefits from the date of his initial discharge, to the date that the hearing... More
This is again another application which raises the issue of guardianship rights and the circumstances under which a parent may be divested of such rights. The application was initially allocated to CHATUKUTA J who raised a query with the legal practitioner on 28 December 2010. When this query was not responded to, she then referred the matter to the Family Court Division of the High Court on 18 October 2011. On receipt of the chamber application I then requested the Registrar to invite the applicant’s legal practitioner to come in so that I could discuss his application with him as... More
By way of background to this chamber application it is common cause that the applicant was hired by the second applicant to transport second respondent’s goods from South Africa to Zimbabwe via the Beitbridge border post. Applicant is a company registered according to the laws of South Africa whose address of service is care of 28 Frank Johnson Avenue Eastlea Harare which is the address of its legal practitioners. It is the owner of a Nissan Diesel G300 truck Horse Registration No JB44KVGP with two trailers with the following registration details trailer 2 H2 49BPGP which truck second respondent hired... More
