This is an application for leave to appeal. A preliminary point regarding citation of the 1st respondent was raised before the application could be heard. The preliminary issue was that the 1st respondent was not party to proceedings which are now being appealed and therefore there was improper citation of parties. At the conclusion of the hearing of the preliminary issue, the court found merit in the issue raised. Consequently, the court struck the matter off the roll. More
The plaintiff Dr Lung a specialist dental surgeon with 30 years experience has approached the court seeking payment of $21 035-00 for services rendered to the defendant at her instance and request. The defendant on her part admits that indeed she sought services from the plaintiff but the money is not yet due as the plaintiff did not accomplish the mandate. More
This is an application for the condonation of the late filing of Heads of Argument by the Respondent in the main appeal hereinafter referred to as the (“employee”) in an appeal by the Appellant in the appeal and the Respondent in the instant application (hereinafter) referred to as the (“employer”). More
The parties agreed at the hearing of the urgent chamber application on 26 July 2017 that by consent a provisional order be granted staying the arrest and lodging of the applicant into prison in terms of a writ of execution granted under case number HC 4766/13 and HC 4261/16. Further, the second and third respondents were also interdicted from causing the arrest and lodging into prison of the applicant pursuant to the warrant of execution granted under the said cases pending the determination of the question whether the applicant had complied with his obligations as nominal defendant in terms of... More
This is a typical case where the wheels of justice grind at a very slow speed indeed.
On 6 February 2008 President Kachambwa (as he then was) issued an order for the reinstatement of the applicant with an alternative to be paid damages in lieu of such reinstatement. The respondent thereafter wrote a letter to the applicant stating that he would be reinstated as from 1 October 2008. It is alleged that the applicant did not report for duty as instructed and, the respondent proceeded to hold a disciplinary hearing in the applicant’s absence culminating in his dismissal. The applicant... More
The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
In this matter the applicant is seeking a provisional order in the following terms:
“TERMS OF THE FINAL ORDER SOUGHT
Pending the determination of the application for rescission of judgment under Case No HC 10469/13, applicant is granted the following relief: More
The application before me is an application for review of the Sheriff’s determination. I shall summarise the facts leading up to the review below. The second respondent obtained default judgment against the applicant. The second respondent then obtained a writ of execution to sell the applicant’s undivided half share in a property jointly owned by the applicant and her husband. This writ was served on the applicant on the 9th of July 2013. In December of 2013 the applicant filed an application for rescission of default judgment under HC 10468/13. More
The appellant is alleged to have stopped reporting for duty sometime in 2008. The employer then stopped paying the appellant’s salary because he was not reporting for duty. More
This is an urgent chamber application in which the applicants originally sought an Interim Order couched in the following terms:
“Pending determination of this matter, the applicants is granted the following relief:
1. That the respondent or anyone claiming rights through him be interdicted from leasing Harare Trauma Centre situate at No. 15 Lanark Road Belgravia, Harare otherwise known as Harare Trauma situate at No. 15 Lanark Road, Belgravia. More
This is an application for rescission of a default judgment and the background of the matter is as follows. On the 22nd of February 2022, the respondent instituted summons against the applicant, claiming damages for defamation of character. The summons was served on the applicant on the 23rd of February 2022. The applicant entered appearance to defend on the 25th of February 2022. The respondent filed a notice of intention to bar the applicant on the 1st of April 2022. In response the applicant proceeded to file a Special Plea and an Exception on the 5th of April 2022 instead... More
The brief background to this matter is that the first respondent, under case number HCH 1120/22 had secured judgment in his favour in default of the applicant in the amount of US$100 000.00 being damages for personal injuria, injury to his dignity, and damage to his reputation. Interest at the prescribed rate from date of issue of the summons was also payable as well as costs on a legal practitioner and client scale. The applicant had allegedly entered an appearance to defend the damages claim and thereafter filed a special plea and exception which was heard by the Court and... More
This is an application for an order for stay of execution of a High Court order under HC 5652/11 pending determination of proceedings under HC263/17. More
