The applicant sought relief in terms of r 449 for the correction of an order granted by this court after a pre- trial conference between the parties. It was alleged that the issued order incorrectly captured the case number and the second, third and fourth respondents were not cited. The application was opposed. The respondents’ opposing affidavits dedicated most of the response to the background of the matter. There was no discernible basis for opposing the application, in fact there was a veiled concession to the granting of the order sought. More
TAKUVA J: This is a court application for a declaratur in terms of s14 of the High Court Act Chapter 7:06. The applicant is a local authority duly instituted in terms of the Urban Council’s Act (Chapter 29:15) which is the authority responsible for the management of the City of Kwekwe.
The respondent is a body corporate duly established in terms of the Zimbabwe National Water Authority Act [Chapter 20:25].
On 15 February 2013, the parties entered into an agreement for the provision of water to applicant’s rate payers. In terms of that agreement, the applicant is the consumer while... More
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 appeal against the judgment of the Magistrates Court.
Before the court a quo respondent obtained a default judgment. The default order in essence directed appellant to return respondents motor vehicle, a mercedes benz with registration numbers AFM 4421 to the respondent.
Appellant filed an application for they rescission of the earlier default judgment. The court a quo after due consideration rendered an order dismissing the application for rescission. Appellant dissatisfied with the judgment has noted an appeal which appeal is now before us. 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
