This is an application for leave to appeal to the Supreme Court at the instance of the applicant employer in a matter where its application for condonation of late noting of an appeal to the Labour Court was struck off the roll on account of the dirty hands principle. The principle had been raised by the respondent employee as a point in limine after realising that the applicant had not complied with the arbitral award or at least sought stay pending appeal.
The background to the matter is that the respondent employee got an arbitral award in his favour where... More
This is an appeal which was heard on 9 May 2013. Judgment was reserved on the basis that, both parties would file with the Court all the relevant papers on or before 15 July 2013. By that date the parties would also have indicated to the Court, whether or not they wished to make oral submissions on the matter. More
On the 7th of February 2017 after considering written and oral submissions by counsels I issued out an order effectively granting an application for directions for an opposed application for contempt of court to be set down expeditiously. The reasons for my disposition are captioned herein. More
It is not in dispute that the parties, at the request of the Plaintiff who felt uncomfortable with the interest related to the mortgage bond which was supposed to be secured through Beverley Building Society mutually agreed to vary the original agreement of sale on 4 September 2006 after they had agreed on new terms of payment. More
In this country, unless otherwise provided, the noting of an appeal automatically suspends the execution of the judgment or decision appealed against: Wood NO v Edwards &Anor 1966 RLR 336 (G) (per LEWIS J). It is the same in South Africa: Oliphant’s Tin ‘B’ Syndicate v de Jager1912 AD 474 @ p 487;Verkouterenv Savage 1919 AD 183 @ p 184; Malan v Tollekin 1931 CPD 214;Reid v Godart 1938 AD 511; Levin v Felt and Tweeds Limited 1951 (1) 213 @ p 217 and Geffen v Strand Motors (Private) Limited 1962 (3) SA 62. More
The first plaintiff is a well known businessman with various interests in the business sector. The second plaintiff is duly registered company with limited liability. The third defendant is a company duly registered in accordance with the laws of this country. The first and second defendants are shareholders in the third defendant. The plaintiffs have issued summons against the defendants for a declaratur to the effect that the cancellations by the defendants of agreements of sale embodied in Annexures ‘F’ and ‘G’ be declared invalid. More
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife Act 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in Section 11 of the General Law Amendment 5/2011 “possession of raw unmarked or unregistered ivory. The applicant denies the charges and contends that he is a proper candidate for bail. The State opposes this application. More
This is an unopposed bail application.The brief facts of this case are thatapplicant is a male Chinese national residing at 4 Warren View close, Sentosa, Harare. He is on a temporary work permit that is expiring on 15April 2014. On 21 October 2013 he arrived at the Harare International Airport intending to go to China. His luggage was screened through the scanning machine and 17 pieces of raw ivory tusks weighing 99.0 kilograms and ivory worked artifacts weighing 14.9 kilograms all valued at US$ 28 475.00 were recovered. He failed to produce a permit or licence to possess the ivory... More
: The plaintiff issued summons for $10 000-00 adultery damages against the defendant on 2 September, 2014. The adultery was common cause and it continued even after summons had been issued. More
This is an urgent chamber application for an order staying the execution of the writ issued pursuant to the order granted in Case No. HC 3805/23. The writ of ejectment to which the application relates was issued on 30 January 2024. On the return date the applicants seek the setting aside of the writ and a declaration that the first and third respondents are not entitled to evict the applicants from Koo Doo Reg. No. 42792, whose coordinates are stated as A-0461428 8088194, B-0461876 8088047, C-0461816 8087852, D-0461320 8088019 and from their homes and fields. More
: For purposes of this judgment I will refer to the applicant as the plaintiff and to the respondent as the defendant.
The plaintiff issued summons out of this court seeking adultery damages of $20 000-00 (twenty thousand dollars) and cost of suit on a legal practitioner and client scale. The amount of claim was broken down as follows:-
“(a) Contumelia inflicted upon the plaintiff …. $10 000-00
(b) The loss of the comfort, society and services …$10 000-00” More
This is an appeal and a cross appeal against the arbitrator’s award. The employee Cheneso had approached the arbitrator after her suspension by the employer Green Motors had been declared unlawful by a court of law. The arbitrator ruled that she was entitled to certain benefits which he awarded her but declined her some for reasons spelt out in the arbitral award. More
On 20 July 2016 Clayhill Trading (Private Limited entered into an agreement of sale of a piece of land, namely Stand No. 11234 Darlington Extension, Mutare Township, measuring 1, 1759 hectares, with applicant and her late husband Washington Jekanyika. The purchase price was US$62 000-00. Clause 3 of the agreement of sale stipulated the payment plan: US$20 000-00 was payable against the signing of the agreement, US$20 000-00 was payable 3 weeks after the signing of cession papers. The balance of US$22 000-00 was going to be liquidated through monthly instalments of US$4, 000-00 commencing 30 September 2016. More
The appellant was convicted of contravening s 65 as read with s 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 5 years imprisonment of which 1 year was suspended on condition of good behaviour. More
