On the 8 of June 2021 I dismissed the application for a declaratur herein with no order as costs. This was on the basis that the declaratur could not be granted under the contradicting factual circumstances averred by applicant and respondent regarding the applicant’s obligations to the respondent. More
On 12 February 2013, the respondent issued a purchase order to the appellant for the supply by the latter of 2 x 12KV vacuum circuit breakers. Early in the morning on the following day, the respondent sent an email to the appellant instructing it to hold any further transactions on the order until further notice. A series of emails was exchanged by the parties, with the respondent insisting that the order be put on hold and that it had in fact cancelled the order. On the other hand, the appellant insisted that it had already placed an order with its... More
The plaintiff sued the defendant for payment of the sum of $236 520-45 together with interest from 18 November 2013 being the date of demand and costs of suit on a legal practitioner and client scale. More
Applicant seeks vindication of vehicles it allocated to respondent for his use during the course and scope of his employment. Respondent argues that the vehicles are now his in terms of his contract of employment. More
This judgment relates to an application for condonation of the late filing of a founding affidavit in an application for rescission of judgment and an application for the rescission of the judgment which was made in the respondent (employee’s) favour in default of the applicant (employer). More
This is an application for rescission of a judgment handed down in a case where the respondent employees had applied for quantification of damages due to them following an order by the Labour Court that they be reinstated to their original positions without loss of benefits and pay.
Background to the matter is that the respondents who were in the applicant’s employ were charged with acts of misconduct at the workplace. Following their disciplinary hearing they were dismissed from employment. They appealed against their dismissal and ended up at the Labour Court appealing against that dismissal. At the Labour Court... More
This is an application for rescission of default judgement.
The background facts are that on 22 September 2020 the applicant was served with a copy of summons issued by the respondent. On 24 September 2020 the applicant entered an appearance to defend. On 27October 2020 the applicant filed its plea and counter claim. On 4 December 2020 this court granted a default judgment against the applicant for failure to file a plea. This was clearly as a result a result of misfiling by the Registrar’s office hence the plea and counter claim were not recorded at the time the Court... More
This is an urgent chamber application for an interdict for stay of a disciplinary hearing before the first respondent pending an appeal which is before the second respondent. The background to the application is as follows. On 7 August 2018 MUREMBA J granted a provisional order under Case No. HC 7145/18 (hereinafter referred to as “the order”)which suspended the decision and directive of the first respondent dated 26 July 2018. The order was made pending the applicants’ appeal dated 3 August 2018 before the second respondent and interdicted the first respondent from interfering with the normal day to day business... More
This case demonstrates what befalls a matter between various parties if it is not pursued to finality expeditiously. It also shows what a change of legal practitioners entails where subsequent practitioners have no inkling of the previous processes. More
This is an appeal against a determination by the Respondent Appeals Authority handed down on the 12th of February 2015 but received by Appellant on the 2nd March 2015. The appeal is opposed.
The Appellant was employed by the Respondent as a Shift Manager. He appeared before a Disciplinary Authority on the 10th of July, 2008 facing charges of misconduct i.e Section 4 (a) of Statutory Instrument 15 of 2006. The allegations were that the Appellant had, following a spot check, been found with a negative variance of Z$80 Billion and Z$8 billion. The Disciplinary Authority referred its determination to... More
This is an application for the respondents to be held to be in contempt of the order of Court which was granted in Case No. HC 1138/19, and for them to be sentenced to ninety days imprisonment to be suspended on condition that the respondents comply with the said order. The order in HC 1138/19 was granted on 13November 2019. The applicant seeks costs against the respondents on the legal practitioner and client scale. The application is opposed by the respondents. More
On 25th July 2021,one Nkululeko Sibanda smuggled large quantities of an assortment of goods from Botswana into Zimbabwe. The smuggled goods ranged from television sets, radio sets, shoes and solar batteries. Nkululeko was, at the relevant time, driving a Mercedes Benz registration number AFB 6413 belonging to the applicant. Applicant’s motor vehicle was intercepted by police officers from Plumtree, upon entering the country through an undesignated entry point, being a boundary fence that had been cut open for that purpose. The truck was found to have ferried uncustomed goods through the undesignated entry point. The goods and truck were seized... More
On 8 November in 2016, the plaintiffs instituted proceedings in this court against the first to third defendants. The bone of contention between the parties was a property known as Lot 2 Block MM Ardbernnie Township, measuring 1,8577 hectares (“the property”). When this matter first came before me, the parties agreed that it proceeds as a stated case in terms of Rule 52 of the High Court Rules. The statement of agreed facts filed by the parties is quite voluminous, but what can be gleaned from it is the following: More
NDEWERE J: The plaintiffs issued summons for civil imprisonment against the defendant on 13 December 2017. The summons called upon the defendant to pay $1 252 151.05 together with interest at the rate of 10% per annum calculated from 6 March 2017 to date of payment in full by virtue of a judgment of the High Court of 15 March 2017 which ordered him to pay $1 500 000.00 plus interest and costs.
The summons called upon the defendant to appear before the High Court on 10 January 2018, to show cause why an order for his civil imprisonment should... More
