This is an application for a postponement of a trial.Even though the postponement itself was dealt with fairly comfortably by counsel, the costs occasioned by the postponement became a bone of contention. Hence this judgment.
This matter was set-down for trial for the 2nd and 3rd February 2022. The trial was set to start at 10 O’clock. Defendant was not in attendance. Adv. Dube counsel for the defendant informed the court thather brief was to apply for a postponement of the trial.The brief to Adv. Dubeto appear in court and seek a postponement was given telephonicallyby Mr Ncube of Ncube... More
1. This matter was set down on the unopposed motion court and was being postponed to enable plaintiffs’ counsel to file supplementary heads in support of the order sought. The matter was finally heard by me on 16 June 2022. After hearing submissions in support of the order sought by the plaintiffs I reserved judgment. More
The applicant was employed by the 1st respondent as a Constable in the Zimbabwe Republic Police. Applicant sustained certain injuries whilst on duty at Western Commonage Police Station. Although applicant received medical treatment the employer felt that a discharge on medical grounds was called for and applicant was so discharged on 5 August 2019. In so acting, the 2ndrespondent proceeded in terms of section 20 of the Police Act, Chapter 11:10. (The Act). More
This is an urgent application for stay of execution of a writ of ejectment and execution against moveable property issued on the 12 November 2020. The title of the application is “urgent chamber application for stay of execution pending an application for rescission of default judgment and application for condonation for late filing of plea and upliftment of bar made in terms of rules 241, 244, 247 of the rules of the High Court, 1971.” The parties are presently in litigation on several fronts. In his oral submissions, Mr Chivore, counsel for the 1st respondent said there are currently five... More
On the 5th June 2006 the plaintiff issued summons against the defendants seeking an order for the cancellation of an agreement of sale against the refund of all amounts paid by the defendants on account of the purchase price as at the date of issue of the summons. The defendants disputed the claims by the plaintiffs. The matter proceeded to trial. At the close of the plaintiffs’ case, I granted absolution from the instance. The matter went on appeal.The Supreme Court set aside the order for absolution and the matter was referred back for evidence to be led from the... More
