MAKONESE J: This is an application for summary judgment. It is premised on a summons for eviction. The application is opposed.
Factual Background
On 9 June 2017 the applicant and respondent entered into a commercial lease agreement in respect of stand 80 Simon Mazorodze Road, Harare (the property). In terms of clause 1.4 of the agreement the parties agreed that there would be a rent review annually. In September 2019 a dispute arose between the parties with respondent demanding to negotiate and to have access to the agreements in relation to the review between the primary landlord and the applicant.... More
Applicant filed an application with this court seeking an order compelling 1st respondent to schedulle or to cause to be schedulled an arbitration hearing of a labour dispute between her and the 2nd respondent so as to “advance” the matter in terms of the Labour ct (Chapter 28:01).
The brief history of the matter is that the applicant was employed by the African Sun Limited group of hotels. She was stationed at the Elephant Hills Hotel at Victoria Falls. At the relevant time, she states that she was a Deputy General Manager at the Elephant Hills Resort. Sometime in 2010... More
The applicant in this matter is seeking a review of the decision of a Single Trial Officer on the grounds that:
1. The 1st respondent decided to proceed with the matter where he had no jurisdiction to do so in view of the fact that the applicant had already been charged over the same matter in terms of the ordinary law.
The relief sought is that:
1. The trial proceedings conducted by the 1st respondent against the applicant be and are hereby set aside.
2. The prosecution of the applicant in terms of the Police Act be and is hereby... More
This is an application for review of trial proceedings presided over by the 1st respondent against the applicant. The relief sought is couched thus:-
“1. The trial proceedings against the applicant presided over by the 1st respondent be and is hereby set aside.
2. The prosecution of the applicant in terms of the Police Act in particular the allegations forming the subject of this case be permanently stayed.
3. The respondents be ordered to pay costs of suit on a client and attorney scale.” More
This matter came to me by way of an urgent chamber application. At the initial set down date, both counsel, particularly counsel for the applicant, intimated that they wished to file some precedents that would guide the court to dispose of the matter appropriately. In view of the legal issues raised and apparent from the affidavits but that had not been fully canvassed, I allowed the request. I also directed the legal practitioners to file further submissions and/or heads of argument if any. Counsel indicated that they would have filed all the said documents by 31 August 2020. Despite my... More
