This matter was set down as an appeal at the instance of the appellant employer against an arbitral award made by the arbitrator in favour of the respondent employee. More
: This is an application for absolution from the instance..
The plaintiff in short seeks an order that defendants vacate the remaining extent of Lot `B` Lower Rangemore, Umguza being the property of the plaintiff who is the registered owner of the of the property (rei vindication).
The defendants have claimed that they have authority to occupy the property for mining purposes although they do not deny plaintiff’s ownership of the land.
At the close of the plaintiff`s case the defendants made an application for absolution from the instance. More
1. This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
i. That the 1st respondent shall cease and desist all mining and blasting activities on property known as Lot B Lower Rangermore held Title Deed No. 1490/2005 as described in DT 2596/73.
ii. That the 1st respondent is hereby directed to remove all equipment from the property known as Lot B Lower Rangemore held under... More
Plaintiff issued summons against the defendant and prayed for judgement for the following;
(i) An order that defendant immediately vacates the remaining extent of Lot “B” Lower Rangemore, Umguza.
(ii) That failing (i) above the Sheriff of Zimbabwe or his lawful deputy shall evict the defendant from the Remaining Extent of Lot “B” Lower Rangemore, Umguza.
(iii) Costs of suit.
For all intents and purposes therefore, the plaintiff’s claim was an Action rei Vindicatio. It is well settled law that occupation or possession of an owner’s property by another person is prima facie wrongful. All that the plaintiff needs to... More
First applicant is the owner and holder of title in respect of certain piece of land being stand 1584 Que Que Township situate in the District of Que Que in extent 5, 3267 hectares (hereinafter referred to as the property) The 1st respondent issued summons under HC 1799/16 on the 3rd of October 2016 seeking the following relief:
“a. An order compelling 1st and 2nd applicants to stop selling residential stands on 1st respondent’s claims namely Chicago registration number G3041, Orion registration number 7718, November registration number 4177 and Phoenix West parallel registration number B479.
b. An order compelling second... More
We heard this appeal on 9 July 2020 and struck it off the roll with costs in an ex-tempore judgment. We hereby furnish the written judgment as requested. More
On 28 December 2017, the respondent’s Commissioner General (“the Commissioner”) disallowed the appellant’s objection to a number of VAT assessments made against it for the years 2015-2016 totalling US$206 880. This is an appeal against that decision and it is brought in terms of S 33 of the Value Added Tax Act [Chapter 23:12] (“the Act”). The appellant contends that the Respondent wrongfully decided that the appellant should account for VAT at the standard rate of 15% on services rendered to non-resident organizations, namely, foreign domiciled donor organizations implementing development projects in Zimbabwe with the assistance of the appellant. The... More
This is an application for condonation of late filing of an application for review. On 9 October 2015 the applicant noted an appeal against an arbitrator’s decision. The appeal was challenging procedural issues. On 18 March 2016 the appeal was dismissed. On 24 March 2016 the applicant filed the present application.
The applicant states that six months delay is not inordinate. He also states that the labour officer has no jurisdiction in the matter and if condonation is not granted it will be tantamount to allowing an unlawful act to stand. The applicant avers that there will be no prejudice... More
The plaintiff and the defendant were married at Harare on 5 September 1998. Two daughters were born of the marriage. These were born in 2001 and 2004 respectively. On 31 January 2007, the plaintiff issued summons praying for a decree of divorce to issue on the grounds that his relationship with the defendant had broken down to such an extent that there is no possibility of reconciliation. More
The applicant sought the following relief by way of urgent chamber application, that:
“1 The Second Respondent and all those holding occupation under him be and are hereby interdicted and prevented from in any manner whatsoever;
a) Interfering with the Applicants’ (sic) normal farming operations on Mwonga Farm including the grading, baling and selling of tobacco;
b) Interfering with the Applicants’ (sic) manager, workers and invitees rights of access to the farm and all improvements, facilities and residences thereon;
c) Interfering with the Applicants’ (sic) intention and conduct in using, moving or dealing with its equipment as it deems fit... More
On 22nd June 2015 at Harare Arbitrator N.K. Nhimba issued an arbitration award. He dismissed Appellants complaints about the non-renewal of their contracts by Respondent, Appellants then appealed to this Court. Respondent opposed the appeal. More
It is the plaintiff’s averment that between 4 January 2011 and 19 March 2014 it rendered legal services to the DWT Companies whilst they were under provisional judicial management. More
This is an appeal against the determination of the National Employment Council for the Tobacco Industry (“NECTI”) dated 6 March 2015.
The appellant was dismissed from the respondent’s employment with effect from 21 April 2011. He noted an appeal to the Works Council in October 2013. The Works Council dismissed the appeal on the basis that it was out of time. The appellant then appealed to NECTI which also dismissed the appeal for the same reason. The appellant approached this court seeking condonation of late noting of appeal at the Works Council. This court declined jurisdiction and dismissed the application. More
This is a Chamber Application for condonation of late noting of an appeal. The Applicant was dismissed from the Respondent’s employ with effect from the 21st of April 2011. The Applicant noted an appeal with the Works Council in October 2013. The Works Council dismissed the appeal on the basis that it was out of time. In terms of Statutory Instrument 322 of 1996 (Collective Bargaining Agreement: Tobacco Industry Code of Conduct) Part VII section 23 (2) an appeal should be noted within five working days of the letter of dismissal. The Applicant then appealed to the National Employment Council... More
The Appellants issued out summons in the lower court for the eviction of first and second respondents from number 20625 Cranbrook Park Ruwa (the property) and claimed costs of suit on an attorney and client scale. Appellants are husband and wife. First and Second respondents are also husband and wife. In the Particulars of Claim, Appellants alleged that the property was initially bought by the second Appellant from third respondent sometime in the year 2002. It was nonetheless transferred to the first Appellant after a mix-up in sales. In 2015 the property was ceded by first Appellant to one Kelvin... More
