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
In this application Tregers Industries (“the applicant”) seeks a refund of the sum of $2,183,861,227-71 paid by its bankers to the Zimbabwe Revenue Authority (“the respondent”) at the instance and instructions of the respondent. The application is opposed. More
The applicant seeks the following relief-
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms-
1. The interim relief be and is hereby confirmed.
2. The execution of a garnishee of accounts during contestation of tax liability be and is hereby declared unlawful.
3. Section 69 of the Income Tax Act [Chapter 23:06] be and is hereby declared unconstitutional and struck down.
4. That the respondent shall pay the costs of this suit on a higher scale of legal practitioner and client only if... More
This is an urgent application for stay of execution of a judgment given in Case No. HC 12328/12. The judgment registered for the purposes of enforcement an arbitral award rendered in terms of section 98 of the Labour Act[Cap 28:01] in favour of the first respondent and against the applicant. The award was submitted for registration in terms of section 98(14) of that Act. The salient facts which culminated in the filing of the instant urgent chamber applicationmay be summarised as follows: More
The applicant seeks a spoliation order in the form of a provisional order couched as follows:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms.
(a) The forcible ejectment from Wolverhampton Farm of the applicant by the first to third respondents and all those acting in concert with them is unlawful.
(b) The cutting of the applicant’s gum plantation and sale of the timber by the first respondent and those acting through him is unlawful.
(c) The fourth respondent shall do all that... More
