This is an urgent chamber application for Mandament Van Spoliie and an interdict wherein the applicant seeks the following relief:
“1. 2nd to 4th respondents be and are hereby ordered to immediately restore possession of the red changfa compressor to applicant.
2. In the event of failure to comply with (1) above, the Sheriff of High Court be and is hereby ordered to take possession of the property mentioned in (1) above and restore applicant to such possession. The costs of such execution to be borne by the 2nd – 3rd respondents.
3. 2nd – 4th respondents together with their... More
DUBE-BANDA J: After hearing argument in this matter I issued the following order: “That the application is dismissed.”At the time I gave brief reasons and indicated that I would provide detailed reasons at a later stage. What follows are the detailed reasons for the order More
In 2006, respondent registered a company called Secam Productions (Pvr) Ltd which specialized in video sales. The directors were the respondent, holding 70% of the shares, Nobuhle Mpofu with 20% shares and Sikhanyiso Dube with 10% shares. Respondent and 1st and 2nd applicants are former employees of a company called Zambezi Helicopter Company, a company providing helicopter rides in Victoria Falls. Respondent and 1st applicant entered into an agreement for mutual termination of employment with their employer, in which they were given an opportunity to run their own video business and were immediately to resign as employees of Zambezi Helicopter... More
DUBE-BANDA J: This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. In this case, plaintiff sued out a summons against the defendants, praying for judgment in the following terms:-
1. Damages in the sum of $20 000.00; arising out of the arbitrary violation of the plaintiff’s right to privacy and dignity; and failure of the Police Service to diligently perform their constitutional obligations.
2. For the payment of the claim, the defendants are jointly and severally liable for the claim one paying the others to be absolved.
3. Payment of... More
This case seems to epitomize the extent to which an employer can go in a bid to prevent payment of what is due and owing to a hapless employee. In order to ensure capitulation the employers’s entire machinery i.e. legal, financial and human resources is unleashed on the bemused employee, contrary to the supposed benign nature of human kind. Perhaps, this is what Capitalism or malignancy is all about, but is the defendant not a public entity not solely run for profit? One wonders. More
