This is an opposed chamber application for leave to appeal purportedly in terms of r 60(2) of the Supreme Court Rules, 2018. After hearing the application, I gave an ex tempore judgment striking the matter off the roll for the reason that the application was fatally defective. The applicants have requested for written reasons for my decision. These are they. More
On 8 December 2022, the High Court, sitting at Harare, dismissed an urgent chamber application for an order of a stay of execution mounted by the applicants in response to an advert for the sale in execution of immovable properties at the instance of the first respondent herein. In determining the matter, the High Court held that the application for an order of a stay of execution of the properties was ill-fated due to the fact that the premise upon which the applicants sought reliance was not in their favour. More
After hearing submissions by counsel in the two applications, the Court made the following order:
“After considering the papers filed in this matter and hearing submissions by counsel, the Court unanimously concludes that both applications have no merit and are hereby dismissed with costs on the ordinary scale.” More
The two matters herein are applications for leave to appeal, lodged in terms of r 32(2) of the Constitutional Court Rules 2016, against two separate judgments of the Supreme Court. The first judgment (No. SC 131/21) was handed down in Case No. SC 153/20, while the second judgment (No. SC 132/21) was delivered in Case No. SC 125/21. More
This is an appeal against the judgment of the High Court holding that a conglomerate is a “merger” as defined in terms of s 2 of the Competition Act [Chapter 14:28] (“the Act”) and, therefore, notifiable to the respondent in terms of s 3A of the Act if its value exceeded the statutory threshold. More
This is an application for condonation for late filing of an appeal. The application is opposed.
The simple facts of this case are that applicant was a member of the Zimbabwe Republic Police “ZRP”. In 2015 he was convicted by the Magistrate for domestic violence. He was sentenced to perform community service of which he did. The applicant was later in October 2015 arraigned before a single trial officer for disciplinary hearing in terms of the Police Act. He was convicted and sentenced to pay a fine of $5. More
This is an appeal against part of the judgment of the High Court (the court a quo) sitting at Harare, dated 26 May 2021 wherein the court a quo granted an application made by the first respondent for the registration of a foreign judgment emanating from the Business and Property Court of the United Kingdom and Wales as a judgment of the High Court of Zimbabwe, capable of execution within Zimbabwe. More
This is an appeal against the whole judgment of the High Court handed down on 31 March 2015, in which the court a quo dismissed the appellants’ application for rescission of judgment for want of prosecution. More
MAKONI JA: This is an appeal against the whole judgment of the High Court setting aside an arbitral award granted in favour of the appellants,on the basis that it was contrary to public policy as it was made in defiance of an extant court order. More
Five (5) different parties laid claim to various chattels seized by applicant (“the Sheriff”), in execution of a judgment in favour of the judgment creditor (“Gidza Credit”) against the judgment debtor referred herein as “Welli-Well”.The 5 different claims were consolidated and heard as one matter, issuing as they did from a judgment order of this court dated 3 January 2022 in HC 4098/20. Pursuant to that order, the Sheriff attached and uplifted an assortment of goods on 31 January 2022 at Welli-Well`s premises, being 499 Goodwin Road Willowvale Industrial, Harare. More
[1] This is a piecemeal judgment. For that and other reasons explained hereunder, the above remarks by CHITAPI J become quite relevant to the resolution of points in limine raised by first respondent, in this application for rescission of judgment.
[ 2] The Learned Judge`s observations in Exavier Maoneke v Trustees of Mount Olive Trust (supra), are but a timely reminder that objections in limine, like all other responses by a litigant to its opponent`s case, must at all times be correctly packaged and raised at an appropriate stage in the litigation lifecycle. Much has been said in this court... More
The dispute in this case has to do with the estate of the late Margaret Kudyakwenzara who allegedly diedtestate at Harare on 14 June 2005 leaving a certain piece of immovable property known as Stand 1574 Kambuzuma Township measuring 293 square metres. Various persons havesince laid claim to the Stand posturing as the deceased’s closest relatives. More
This is an application for condonation of non-compliance with Rule 70 (2) coupled with an application for extension of time within which to apply for reinstatement of the appeal. More
The plaintiff, a trade union organisation, instituted summons in each of the five matters claiming for payment of trade union dues due to it in terms of a Collective Bargaining Agreement. The defendants in each of the cases raised a special plea of lack of jurisdiction averring that the collective bargaining agreement is a contract between an employer and employee and thus non-payment of trade union dues is a labour matter for which the High Court has no jurisdiction. More
This judgement relates to and addresses issues in the following cases Charity Mandizha vs C.E.O ZINARA LC/H/APP/136/20 Marshal Jima vs CEO ZINARA LC/H/APP/139/20 Pauline Sithole vs CEO ZINARA LC/H/APP/135/20 and Talent Manyengavana vs CEO ZINARA LC/H/APP/137/20. More
