This application was filed on urgency with the applicant seeking a relief in the form of a provisional order in the following terms:
“TERMS OF ORDER MADE:
That you show cause to this Honourable Court why the following Order should not be made:-
1. That the interim order granted by this Honourable Court be an is hereby confirmed.
Interim Relief sought More
The applicant seeks a rescission of a default judgment of this court issued against it on 22 May 2012, per MUTEMA J, for payment of storage charges of US$641-00 a day from 9 March 2009 together with interest at the prescribed rate calculated from the date of judgment to date of payment in full and costs of suit. More
This is an application for stay of execution pending an application for rescission of a judgment granted against the applicant and in default by MUTEMA J under HC1916/12 on 22 May 2012. More
This is an application in terms of Rule 19(3)(a) of the Labour Court Rules, 2006.
The Applicant submitted that in terms of the said Rules of Court the Appellant was supposed to file within 14 days of filing of the notice of response, its heads of argument. It was submitted further that the Respondent filed their notice of response on 15th July 2013 and it was served on the Appellant on the 16th July 2013. The Respondent failed to file its heads as required by the Rules of Court and is thus barred. The appeal in the main matter should... More
1. The Respondent or any of her agents and/or employees, or anyone acting on her behalf is ordered to vacate Chirika Extension of Borrowdale Estate measuring 121,4029 Hectares; Lot J of Borrowdale Estate measuring 724,0475 Hectares immediately upon service of this order, failing which the Sheriff of Zimbabwe be and is hereby directed forthwith to eject the Respondent or any of her agents and/or employees, or anyone acting on her behalf, from occupation thereon.
2. The Respondent, or any of her agents and/or employees, or anyone acting on their behalf is hereby directed forthwith to remove any equipment, material and/or... More
The plaintiff in this case issued summons out of this court seeking to recover a sum of US$261,430.28, which it alleges is the outstanding balance of fees for security services it rendered to the defendants. In addition, the plaintiff sought to recover interest at the prescribed rate of 5% calculated from 1 October 2011 to date of full payment collection commission and costs of suit. The defendant denied liability. To understand the issues in this case, let me refer to the Statement of Agreed Facts jointly crafted by the parties as the parties opted to deal with this matter as... More
The applicant and his fourteen co- applicants comprise a group of mainly senior Zimbabwe National Army Officers who claim rights of ownership and /or possession of a piece of land measuring 4.1 hectares which is described as stand 393 Greendale Township off Cunningham Road Greendale suburb Harare. The first applicant’s founding affidavit was adopted by the other fourteen applicants who authorized the first applicant to act on their behalf. More
This appeal seeks to determine whether or not it was proper for the Respondent to disallow appellant’s claims for the tax periods between 2010 and 2014. The answer lies in the interrogation of certain claims and expenses claimed by the appellant. That is necessary in order to determine if the said claims and expenses are allowable deductions according in terms of s 15(2) of the Income Tax Act [ Chapter 23:11] (the Act). More
The Respondent was employed by Appellant as a Store man. He was suspended on full pay on 24 May, 2011 pending investigations into allegations that he committed various acts of dishonesty. The allegations were that he acted as an accomplice to theft by assisting an employee of a neighboring company to store stolen goods in Appellant’s premises. He was arraigned for an internal disciplinary enquiry on 4 November, 2011. More
Sometime in September 2019 the applicant and the 1st respondent entered into a written contract in terms of which the latter authorised the applicant to carry out mining activities onthe said mining location,foundwithin a mine calledPrince 3 mine, Registration Number 15124BM. In return the applicant agreed to pay a royalty fee of 18% of the value of the ore it so mined. It was a further term of the contract that it would subsist for a period of sixty months calculated from the date of its signing renewable at the conclusion of that initial period should the parties soagreed.The 2nd... More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court granted the respondent’s claims for costs of repairs and for damages for loss of income following breach of a lease agreement between the parties. More
This is an application for condonation of the late noting of an appeal to the Labour court. The background to the matter is that the applicants lost their jobs with City of Mutare following disciplinary proceedings into their alleged acts of misconduct. Internal appeals by applicants were unsuccessful. Finally, applicants approached the labour officer with a view to him assessing the correctness or otherwise of the internal processes. During the course of the proceedings before the labour officer it dawned on the applicants, the respondent and the labour officer that the labour officer lacked jurisdiction to entertain the matter on... More
This is an appeal against the whole judgment of the Labour Court (the court a quo) which allowed two appeals filed in that court by the first and second respondents in terms of s 98 (10) of the Labour Act [Chapter 28:01]. It set aside the two awards made in favour of the appellant and in their place substituted them with an order dismissing the appellant`s claims before the arbitrator. More
This is an application for condonation for non-compliance with the Rules of this Court and for an extension of time within which to file and serve a notice of appeal in terms of the same Rules. The respondents oppose the application. More
Both respondents are incorporated in terms of the laws of this country and are sister companies. The second respondent is a medical aid society while the first respondent is its investment vehicle. For quite some time the appellant was the second respondent’s Chief Executive Officer, a position he vacated prior to the commencement of the proceedings forming the basis of this appeal.
On 27 March 2018, the appellant brought a court application in the court a quo for a declaratory order to the effect that he was the holder of ten million shares, representing a 20% shareholding in the first... More
