This is an opposed court application. The relief sought by the applicant is that the sale in execution and transfer of stand 12038 Bulawayo Township of Bulawayo Township lands situate in the district of Bulawayo and also known as number 8 Annie Morris Road, IIanda, Bulawayo (the property) in favour of the 3rd respondent be set aside as null and void and title in the property revert to the names of the applicant; that the 5th respondent be ordered and directed to facilitate the registration of the property in the name of the applicant; and respondents pays costs only if... More
MABHIKWA J: This is an application for the rescission of a judgment. She seeks the following order that:
1. The order granted under HC 2882.18 be and is hereby rescinded.
2. The applicant be and is hereby ordered to apply for the setting down of the matter within seven (7) days from the granting of this order.
3. Costs of suit to be paid by 2nd respondent on an attorney and client scale.
The background facts of this matter are briefly as follows:
Under case number HC930/14 the applicantowed 2nd respondent the sum of US$33 007,25. Judgment was obtained. A... More
On 17 October 2012 the applicant, a self actor, filed an urgent chamber application under case No. HC12128/12 seeking to interdict the first respondent from convening the 2nd All-Stakeholders Conference regarding the constitution making process pending publication of the National Statistical Report in the Local media. More
On the 18th February 2015 the plaintiff sued the defendants, jointly and severally, the one paying the other to be absolved for:
1. Payment in the sum of US$11 000.00;
2. Interest on the sum of US$ 11 000.00 at the prescribed rate from the date of service of summons to date of payment in full; and
3. Costs of suit. More
This is an appeal against the decision of the respondent’s appeals officer, who upheld the appellant’s dismissal from the respondent’s employment. More
The applicant and the respondent entered into a fixed term contract of employment which the respondent terminated before the expiry of the fixed term. The applicant filed this application for a declaratur on the basis that clause 3.2 of that contract only allowed the employee but not the employer to terminate on notice. More
The plaintiff instituted divorce proceedings in February 2004, claiming for the granting of the divorce and an order allowing each party to retain his or her assets currently in their respective possessions. More
The grounds of appeal were six-fold as follows,
“1. The DA erred at law by failing to consider that 1st applicant was not on a fixed contract and he did not confirm that he was on a fixed contract.
2. The DA erred in failing to consider that respondent failed to prove that 1st applicant was on fixed term contract.
3. The DA erred in failing to consider that applicants substantiated their claims of under payment of wages.
4. The DA failed to consider that there is no doctors’ report which stated that 1st applicant was fit to work as... More
On the date of hearing of this appeal, (26th June 2013), both parties’ Legal Practitioners suggested and agreed that I determine the matter on the documents filed of record. This is in terms of Section 89(2)(a)(i) of the Labour Act [CAP 28:01]. This therefore is my judgment. More
In this urgent chamber application, the applicant seeks in the main the eviction of the first respondent and all those claiming through him from a certain piece of land known as plot 2, of subdivision A of Hunyani East, popularly known as Malaba Farm (“the farm”). More
In the general election held in the country on 30 July 2018, the applicant was one of five candidates that contested for a Parliamentary seat in the House of Assembly in the constituency known as Mutasa North, Manicaland Province. The other four were respondents 2, 3, 4 and 5. The first respondent is the Chairperson of the Zimbabwe Electoral Commission (“ZEC”), an independent commission established by s 238 of the Constitution of Zimbabwe and tasked with several functions including the holding of elections in the country. More
This matter raises the fundamental issue of whether or not a Labour Court judgment denominated in United States Dollars is capable of registration by this court. More
Appellant was in the employ of the Respondent. The facts are that he bought some meat products from Respondent’s workplace on the pretext that there was a traditional ceremony he was going to attend when in fact there were for sale. He was subsequently charged under the Employer’s Code of Conduct and dismissed from employment. His dismissal was upheld by the Arbitrator. Appellant is dissatisfied and has approached this Court for relief. More
The defendants filed a special plea to the plaintiff’s summons as amplified in the plaintiff’s declaration. According to the plaintiff’s declaration the plaintiff is has been a long standing member of the Movement for Democratic Change, (MDC) one of Zimbabwe’s leading opposition party. The defendants are members of the Zimbabwe Republic Police. He alleged that as a result of his affiliation with the MDC, he has over the years been subjected to harassment and torture by fellow members in his community who are active members of the Ruling Party Zanu PF. As a result on 7 August 2018 the plaintiff’s... More
