Applicants seek leave to execute two writs of execution against the 1st respondent, a company under judicial management.The background reveals a protracted litigation between the parties. Applicants are employees and former employees of the 1st respondent. Following 1st respondent’s neglect and outright refusal to pay their salaries, applicants approached the National Employment Council for the Security Industry for redress. They obtained awards in their favour in 2014. The 1st respondent unsuccessfully challenged the award in the Labour Court. Applicants then sought enforcement in this court but 1st respondent again challenged the same, subsequently applicants obtained writs of execution and attached... More
1. This is an application for bail pending trial. The applicant is charged with the crime of kidnapping as defined in section 93(1) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 13th July 2022 the applicant with his accomplices who are still at large hatched a plan and connived to kidnap five Indian nationals (victims) who were on their way from Bulawayo to Beitbridge. He took the kidnapped victims to his house and started a tele-communication with their relative who was in South Africa demanding payment for their release. He subsequently... More
This is an application for bail pending trial. The applicant faces one count of possession of a specially protected trophy in contravention of s45 of Parks and Wildlife Act (Chapter 20:14) as read with s 128(b) of the Act and s 11 of the General Law Amendment Laws No. 5/2011, that is, possession of 26 pangolin scales. The applicant denies the allegations. The state opposes the application for bail on the grounds that there are compelling reasons for applicant’s continued detention. More
1. This is an application for bail pending trial. The applicants are being charged with two counts of robbery as defined in section 126 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (Criminal Code), and one count of unlawful entry into premises as defined in section 131 of the Criminal Code, and one count of theft as defined in section 113(1) (a) of the Criminal Code. More
MOYO J: This is an application to amend pleadings. The founding affidavit refers to the notice of intention to amend as the one that gives the nature of the amendments sought. The founding affidavit goes further to state that the court has a wide discretion to grant an amendment to pleadings where such amendment is notmala fide and will not lead to an incurable prejudice to the other party. Applicant further states that the amendment will allow a proper ventilation of the issues between the papers. The applicant further states that the delay in seeking the amendment is not great. More
