The three applicants made this application purportedly in terms of the Common Law or alternatively Rule 449 of Order 49 of the High Court Rules 1971, for the rescission of the court order in case No. HC 2127/18. They aver that this Honourable court was misled into granting the order through fraud or that it was erroneously sought and erroneously granted in their absence. More
The applicant filed what it termed:
“Urgent Chamber Application for stay of execution and ancillary relief”. The relief sought is couched in the following terms:
“Terms of final order soughtThat you show cause why a final order should not be made in the following terms:
1. It be and is hereby declared that the proceedings under case number HC 1594/15 are a nullity on account of the citing of a non-existent plaintiff.
2. The attachment and removal of the applicant’s property pursuant to the court order of the Honourable Mr Justice MATHONSI of the 19th of October 2017 be and... More
Applicant filed this chamber application seeking that the application under cover of case number HC 2034/18; X-Ref. HC 166/18; X-Ref. HC 2005/17; X-Ref. HC 1355/16 be dismissed for want of prosecution, with costs on a legal practitioner and client scale and de bonis propriis. This application was filed with this court on the 16 August 2019. On the 30 August 2019, respondents filed a notice of opposition, and opposing affidavits deposed to by the first and second respondents. More
The plaintiff is a company duly registered in terms of the Companies Act Chapter 24:03 and carrying on business at 3rd Floor Mership House, J.M. Nkomo Street/9th Avenue, Bulawayo. The defendant is a body corporate with perpetual succession capable of suing and of being sued in its corporate name, performing all acts that a body corporate may by law perform. More
In September, 2016 the applicant purchased the mining business from Old Nic Mine. It undertook to employ the mine’s former workers. Its undertaking was premised on the condition that the workers would not claim from it any money which was due to them from Old Nic Mine for the period that they were on unpaid leave. A majority of the mine’s former workers agreed to the condition. They were therefore re-engaged and their contracts of employment taken over and carried forward by the applicant. The respondents did not agree to the condition which the applicant proposed to others and them.... More
