DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 16 January 2021. The application was placed before me and I directed that the copy of the application be served on the respondents. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. The application is opposed by 1st respondent.
In this urgent chamber application, the applicant seeks a provisional order drawn in the terms:- More
MOYO J: This is an application for leave to execute pending appeal. It is trite that in such an application at the centre of the determination are the prospects of success on appeal. The 1st respondent raised 2 points in limine,that is non-disclosure of actual facts and dirty hands. However, it is the view of this court that such information was not relevant to the dispute at hand, it being whether or not applicant should be allowed leave to execute an order of this court pending appeal. It is my considered view that in this application, applicant did not have... More
TAKUVA J: This is an urgent chamber application for leave to execute the judgment in case number HC 24/21 handed down by MOYO J on the 3rd of March 2021 pending the appeal filed in the Supreme Court by the 1st respondent under cover of case number SCB-09-21. More
This matter came to me as an urgent chamber application set for hearing on 17 April 2017. The matter was indeed heard on that day. However, the parties sought to and the court allowed them to, file further written submissions and/or heads of arguments.
Applicant filed his Heads of argument on 29 April 2019. 1st respondent did not file any submissions whilst 2nd respondent filed his “written submissions” on 3 May 2019. Thereafter, applicant filed a response to 2nd respondent’s written submissions on 10 May 2019. On 16 May 2019 the applicant wrote a letter to enquire as to whether... More
