The Plaintiff issued a summons out of this Court against the Defendants claiming against them jointly and severally one paying, the other to be absolved, US$130 000.00 being an amount payable by the Defendants to the Plaintiff in terms of a settlement agreement entered into by and between the Plaintiff and the Defendants on 8 October 2020, interest at the prescribed rate from 21 October 2020 to the date of full payment and costs of suit on a legal practitioner and client scale. More
This is an application for summary judgment in which the applicant claims payment of the sums set out in the draft order which sums the first and second respondents acknowledged by acknowledgment of debt signed on 15 October 2010. More
This application is made in terms of r 236 (3) of the High Court of Zimbabwe Rules, 1971 on the basis that the respondents have not prosecuted an application which they filed in HC 4700/16 within the time provided by the rules. For that reason, the applicant seeks a dismissal of that application for want of prosecution. More
The grounds of appeal which form the basis of this appeal are that:-
“1. The Arbitrator erred in finding that he had jurisdiction to entertain the dispute when the jurisdiction of a labour arbitrator is confined to disputes involving employees.
2. The Arbitrator grossly misdirected himself on the facts, which misdirection amounts to an error of law, in finding that the Respondent is entitled to cash in lieu of leave, outstanding commissions from 2011 and COPAC commissions.”
The brief background to this matter is that Respondent was in Appellant’s employ as a Sales Manager as from 2007. On the 30th... More
This is an application for leave to appeal to the Supreme Court against an order of this court. The background of the matter is that:
On 18 February 2013, the court considered an application for rescission of judgment which had been placed before it in chambers. More
The applicant, a duly incorporated company in terms of the laws of Zimbabwe runs a conglomerate of hotels under the umbrella name of African Sun Limited. Being in the hospitality industry, the applicant was one of thecasualities of the world wide unprecedented catastrophic socio-economic ripple effects of the Covid 19 pandemic. The labour market was not spared either and was oneof the hardest hit. Within this background, the applicant made a decision to retrench most of its workforce across the board, amongst them the twenty nine respondents herein.During the tenure of their employment contracts the respondents had the right to... More
On 17 September 2013 a default judgment was issued in favour of the Respondent. The matter had been set down for hearing on 17 September 2013 at 0900 hours. Applicant alleges that the legal practitioner of record was unable to attend the hearing due to ill health. He had been ill as from 13 September 2013 as evidenced by Casualty Unit case notes from the Avenues Clinic attached as Annexure A to the application. The deponent to the founding affidavit, one Mafo was requested to attend Court and seek a postponement of the matter to a date convenient to the... More
This claim is based on an acknowledgment of debt, (A.O.D). The brief facts surrounding this dispute are as follows. The plaintiff is a company that trades in fuel. The defendant was a director of Nhari Investments (Pvt) Ltd. The defendant and his co- directors traded in fuel under Mammoth Fuels. More
This is an Urgent Chamber application for an anti-dissipation order filed by the Applicant on the 13th of October 2022 seeking the following relief.
“TERMS OF FINAL ORDER SOUGHT.
That you show cause to the Honourable Court why a final order should not be made in the following terms-
1. The 1st Respondent be and is hereby barred from transferring the sum of (USD360,000.00 (United States Dollars Three Hundred and Sixty Thousand) pursuant to the default order granted in case number HCHC 196/22 pending the finalization of application for rescission of judgment filed under case number HCHC333/22.
2. The 3rd... More
This is an appeal against the judgment of the Fiscal Appeal Court dismissing an appeal against the determination of the respondent requiring the appellant to pay value added tax (VAT) on the importation of certain goods into Zimbabwe. More
This is a chamber application for condonation and extension of time within which to note an appeal made in terms of r 31 of the Supreme Court Rules, 1964. At the close of arguments I granted the application by consent. More
1. This is an appeal against the whole judgment of the High Court (the court a quo) dated 29 February, 2024 dismissing the appellant’s urgent court application in which it sought declaratory and consequential relief. More
This application has been filed on a certificate of urgency. The brief facts of the matter are that the Applicant and sixth Respondent acquired shares in the seventh Respondent in 2012 in terms of a Shareholders Agreement. In terms of the Shareholders Agreement the Board of the seventh Respondent was to comprise of five (5) directors, one to be appointed by the Applicant and four by the sixth Respondent. However, an extra board member was appointed under unclear circumstances. This application has been filed in terms of Section 60. 62 and 65 of the Companies and Other Business Entities Act... More
On 17 July 2017 I dismissed an application for rescission of judgment brought by the applicant. I have been requested to give reasons and these are they;
The brief facts of this matter are that the respondent issued summons against the applicant under HC case number 9528/16 for damages allegedly suffered by the respondent, through the applicant’s wrongful and unlawful extraction of chrome ore on the respondent’s mining claims. The respondent is the registered holder of chrome mining claims called VAN 17 registration number 33280 BM and DIVIDE registration number 41089 BM situate in Darwendale. More
This is an urgent chamber application for stay of execution in terms of Order 32 Rule 244 of the High Court Rules, 1971.
The terms of the final order sought were that:
1. Execution be stayed pending the determination of the application for rescission of the default judgment under HC 522/20.
2. There be no order as to costs.
In the meantime, applicant sought the following interim relief;
1. That pending determination of the matter under HC 522/20, the Sheriff be directed to stay execution of the order made under HC 349/20.
2. That the 2nd respondent be ordered to... More
