The brief facts upon which the criminal charge is premised involve the sale of a plot which belonged to Maxwell Sibanda but had been bought by SmithMoyo. One Progress Dube obtained judgment against Sibanda and the plot was attached to be sold in execution. The applicant represented Progress Dube. Smith Moyo’s interpleader application was dismissed whereupon SmithMoyo decided to take over payment of the debt so as to save the plot from being sold. Following that agreement the plot was transferred to Smith Moyo. Despite that agreement and the payment of the debt by SmithMoyo, the plot was subsequently auctioned... More
This is an appeal for the registration of an arbitral award. The applicant is a union. The founding affidavit was sworn to by a Mr Mathias Mandaza and it refers to the award that was made in favour of the union on 16 December 2015, wherein the respondent was ordered to pay a sum ofUS$1 116 503,50. The applicant avers that the award remains unsatisfied as respondent has failed, neglected and or refused to comply with the arbitral award.
The respondent has raised a point in limine to the effect that applicant is a legal persona with a constitution which... More
This is an application for leave to execute pending appeal against the judgment of this court per MAKONESE J under case number HC 2434/17 registering an arbitral award in favour of the applicant.
The facts are that the applicant’s members are respondent’s employees. Pursuant to a dispute over non-payment of applicant’s members’ salaries, an Arbitrator granted an award on 16 December 2015 ordering respondent to pay US$1 116 053,,50 to the applicant. On 12 September 2017 the applicant filed an application for the registration of the award under HC 2434/17 in terms of s98(14) of the Labour Act (Chapter 28:01).... More
MAKONESE J: This is an application for review instituted in terms of Rule 62 of the High Court Rules, 2021. The applicant is a mining syndicate with mining rights over a mining location known as Fundisi ‘H’ Mining Block. More
This is an application for rescission of judgment in terms of Rule 449. The respondents raised points in limine one of which concerns the founding affidavit. That the founding affidavit is not properly commissioned and that therefore there is no affidavit before this court.
A look at the founding affidavit shows that at page 12 of the bound record of proceedings there is a paragraph 22 to the founding affidavit which is the last paragraph and the prayer as well as the applicant’s details. That page is not signed nor is it commissioned. There is, however a page 13 to... More
