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
The two matters HC 6353/21 and 6649/21 were consolidated with the consent of the parties. I invited the parties to file supplementary heads of argument addressing the opposition under HC 6649/21. More
This matter is a consolidation of two cases HC 1380/20 and HC 1381/20 the parties of which are the same. In both matters, rescission of judgment is being sought. In HC1380/20, the applicant seeks the following relief:
1. The rescission of the judgment in HC 4945/18.
2. The joinder of the Applicant in Case No. HC 4945/18
3. That the 1st Respondent serves the Applicant with a copy of the application and founding affidavit in HC 4945/18 within 4 days from the date of this order being granted.
4. That Applicant is granted 10 days within which to file its... More
1. These are three chamber applications which were consolidated in terms of rule 34 of the High Court Rules, 2021. The applicant seeks confirmation of provisional orders granted on the 3rd April 2022. The applications were filed in terms of section 5 of the Title Registration and derelict Lands Act [Chapter 20:20]. More
The plaintiffs are praying for an order against the defendants to the effect that the agreements of sale be and are hereby cancelled. That the fourth defendant be and is hereby restrained from effecting transfers in terms of the agreements. That the 2nd defendant bears costs on the higher scale of client- attorney. More
By consent of both parties the two matters were consolidated as they deal with the same issues and relate to the same respondents. Although both matters were filed as urgent chamber applications, the resolution of the matter delayed partly due to some attempts to engage and reach an out of court settlement. The efforts unfortunately did not make headway. More
This Court is seized with two applications which have been consolidated. The first application (case number HC 584/2020) sought the setting aside of an arbitral award, while the second application (case number HC 366/2020) sought the registration of the same award. More
On 21 July 2021 after hearing arguments from counsel we proceeded to deliver an extempore judgement. The resultant order issued was as follows;
"It is ordered that the appeals in respect of sentence in both matters CRB CA 75/20 and CA 76/20 be and are hereby dismissed for lack of merit." More
