The adjudicating process necessarily involves a certain amount of preconception and prejudgment. After going through the pleadings, one formulates an opinion on the strengths and weaknesses of the parties’ respective cases. More
This is an application for rescission of judgment handed down by this court on 8th July 2011. For such an application to succeed Applicant must;
1) give reasonable explanation for failing to attend court at the appointed time; and
2) show that it has good prospects of success on appeal.
Applicant was served to attend court through a telefax mode. Applicant denies having received the said fax message. In other words Applicant submits that he was never served with a notice to appear in court on 8 July 2011. For default judgment to be competently granted, Applicant should have been... More
This is an appeal against an arbitral award.
The award was handed down by arbitrator Mupangani on 8 May 2015.
The appellant noted an appeal against that arbitral award in case number LC/MS/56/15. The respondent (City of Masvingo) also noted a cross appeal against the same arbitral award in case number LC/MS/54/15. More
This is an application for leave to appeal to the Supreme Court. The brief facts are that applicant employs the respondents in various capacities. Respondents embarked on a collective job action and applicant sought a show cause order from the Minister which was granted. This court issued a disposal order on 17 March 2016. Applicant intends to approach the Supreme Court on appeal, hence this application. More
This is an application for upliftment of an automatic bar and condonation of late filing of heads of argument.
The respondents (appellants in the main matter) filed their heads of argument on the 28th March 2013 and served them on applicant’s legal practitioners of record on the 4th April 2013. (note that applicant is respondent in the matter). More
This is an application for rescission of judgment. The application emanates from a judgment of this court granted in default on 20 May 2015, as a result of the applicant’s failure to file heads of argument. More
The plaintiff, Civil Aviation Authority of Zimbabwe contracted Combine Cargo (Private) Limited as clearing agents between the months of March 2010 to April 2010 for goods which it had imported. The plaintiff paid Combine Cargo (Private) Limited US$139 189.39 which was meant for ZIMRA charges (Duty, VAT and other charges). In 2011 ZIMRA officials approached the plaintiff and indicated that the aforementioned goods had not been cleared properly as the customs duty amounting to USD$139 189.31 was outstanding which amount Combine Cargo (Private) Limited claimed to have paid to ZIMRA but could not produce proof thereof. In January 2014 ZIMRA... More
This is an application for condonation for late filing of Notice of Response and Heads of Argument and upliftment of bar currently operating against Applicants. The application is opposed. The parties initially appeared before the Senior Judge Mhuri on the 19th of May, 2020 in relation to the main application for review filed under reference LC/H/REV/68/19. The parties then sought a postponement to enable the hearing and determination of a prior application for condonation. The parties requested the Senior Judge to grant postponement and proceed to determine the application for condonation on the basis of the record. The Senior Judge... More
Applicant applied to this Court for rescission of judgment which Respondent opposed.
At the onset of oral argument respondent raised 4(four) points in limine. The Court will deal
with the 2 points which are dispositive of the matter. More
This is an appeal against a decision by the Chief Designated Agent for the National Employment Council for Commercial Sectors (NECCS) confirming the dismissal of the appellant from the respondent’s employ. More
At the hearing of this matter on 24 May 2018 there was no appearance for the respondent. The applicant through its legal practitioner, moved, that notwithstanding the default of the respondent the matter must be considered on its merits. Mr Ahmed who appeared for the applicant also submitted that the respondent was in any event barred for failing to file heads of argument timeously in terms of the rules. The certificate of service which was filed on 28 March 2018 shows that the applicant’s heads of argument were served upon the respondent on 28 March 2018 at 1159 hours. The... More
This is an application for bail pending appeal against conviction only. On 14 April 2022 the applicant was convicted of two counts of rape as defined in s 65 of the Criminal Law Code. With both counts treated as one for the purposes of sentence the Regional Court imposed a sentence of 20 years imprisonment of which 5 years imprisonment was suspended for 5 years on the condition of good behaviour. More
This is an application for rescission of a default judgment brought in terms of Order 49 rule 449 of the High Court Rules, 1971. The judgment sought to be set aside was granted in favour of the 1st respondent on the 4th October 2012. The applicant contends that the judgment was entered without his knowledge and that he only became aware of its existence on 17th January 2018 when his legal practitioners were served with a letter from 1st respondent’s legal practitioners dated 16 January 2018. The applicant avers that the default judgment was erroneously sought and obtained. It is... More
MAKONI J: The applicant, at one point was the registered owner of Stand 606 Northwood Township 4 of Sumben. The property was sold in execution at a public auction and the respondent was confirmed as the highest bidder. The property was transferred into her name on 24 November 1992. The applicant was not happy with the developments resulting in him instituting a plethora of cases against the respondent and other parties. This culminated in the High Court inMhiniv Mapedzamombe 1999(1) ZLR 561 (H) making an order of perpetual silence and that the applicant had to apply for leave of this... More
The plaintiff is the Member of Parliament for Bikita West Constituency. He claims against all the defendants jointly and severally, the one paying the others to be absolved, the sum of US$100 000 being damages for “defamation, injuria and impairment of dignity”, arising from a newspaper article published in The Mirror newspaper of 3 to 9 July 2009. More
