This is an appeal in which the respondent has raised a point in limine. In submissions on behalf of the respondent the point was raised that the appeal is not properly before this Court. This was submitted in view of the initial citation of one of the parties. The respondent submitted that the “Ministry of Home Affairs” is not a competent party because it is not a legal persona. (See Gariya Safaris (Pvt) Ltd v Van Wyke 1996(2) ZLR 246(H).I agree with that submission and the authorities cited. More
On the 11th March 2016 the applicant filed in this court, an application for condonation of late noting of his application for rescission. The respondent opposed the application. I will deal with the application under the subtitles “Delay” and “Prospects”. More
The brief history of this matter is that the applicant was charged with gross negligence and proven negligence resulting in fuel theft from side tanks on H 89. It was alleged that on 6 November the applicant whilst at (NOIC) National Oil Company of Zimbabwe had fuel stolen out of his side tanks. Extra fuel had to be sent out to him so that H 89 could load. There was no breaking of the locks or any indication of theft yet there was no fuel in the side tanks and the metre was reading empty. The applicant appeared before the... More
