The applicant company is a wholly owned subsidiary of the Reserve Bank of Zimbabwe. The respondent is an erstwhile employee of the applicant. The respondent was duly dismissed from his employ after a disciplinary inquiry. Aggrieved by this turn of events, the respondent took the matter to the Labour Office alleging an unfair labour practice. The matter was referred to arbitration. The arbitrator found in favour of the respondent and directed the parties to negotiate the quantum of damages for breach of contract. According to the applicant, the negotiations broke down and nothing was said of the matter thereafter until... More
The defendant is a cargo handling company which is in the business of handling airline cargo whereas the plaintiff is one of its customers. Most issues in this case are common cause. The undisputed facts are that on 3 March 2008 a shipment of the plaintiff arrived on board Martnair at the defendant’s premises at the Harare International Airport. The consignment comprised electrical goods and equipment valued at US$44 202-50 and was duly stored in defendant’s warehouse. More
In this application the applicant seeks relief in the form of a declaratur to the effect that the Road Traffic (Construction and Equipment Use) Regulations 2010 (Statutory Instrument 154 of 2010) (“the Regulations”) and the amendments thereto are invalid, null and void or alternatively, that s 10(2) of the Regulations is ultra vires the Road Traffic Act [Cap 13:11] (“the RTA”) and therefore null and void. More
On 26 March 2011 the Applicant filed an application in this Court seeking the following order:
“IT IS HEREBY ORDERED THAT:
1. The Agreement of Sale that was entered into between the City of Masvingo and
Treasure Consultants (Private) Limited, for the sale of 500 stands in the Runyararo South West Residential area Masvingo, on 20 December 2005, (“the Agreement”) be and is hereby declared a validity existing agreement.
2. The purported existing cancellation of the Agreement by the First Respondent is void and therefore a legal nullity for want of compliance with the Law.” More
The case came before me as a civil trial. At the close of the plaintiff’s case, the defendant advised the court that it wished to make an application for absolution from the instancein terms Rule 56(6) of the High Court Rules 2021. In this respect, the defendant asked the court to allow him to make written submissions in support of the said application, resulting in the court giving the parties timelines within which to file their respective submissions. The plaintiff opposed the application for reasons I will fully canvas in this judgement. It is imperative to give a background to... More
