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
In this urgent court application for a declaratory order, the applicant seeks the following order:
“IT IS ORDERED AS FOLLOWS:
1. It be and is hereby declared that:
a. The applicant having sold its product FCA EX- works the “gross fair market value” for purposes of s 37(9) of the Finance Act [Chapter 23:04] is the face value of the invoice or price the mineral was sold at the place of such sale, namely in Zimbabwe.
b. The exclusion of the cost of freight by reason of the terms of sale was not a deduction made by the applicant, neither... More
This is an urgent chamber application for an interim interdict and a declarator made in terms of s 14 of the High Court Act. The provisional order sought is set out as follows:
“TERMS OF FINAL ORDER SOUGHT
1. The provisional order be and is hereby confirmed.
2. An order declaring that mining royalties owed in terms of the Mines and Minerals Act cannot be enforced by garnishee under s 58 of the Income Tax Act
[Chapter 23:06]. More
This is an application for bail pending trial. Applicant is being charged with the crime of armed robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act, Chapter 9:23. On the 29 April 2020, applicant appeared before the Magistrates Court, Bulawayo, whereupon he was placed on remand and detained in custody. More
The applicant is a company registered in terms of the laws of South Africa. It is a peregrine. The applicant filed this urgent application for a provisional order whose terms were couched as follows –
“TERMS OF FINAL ORDER SOUGHT
1. The applicant be and is hereby declared the sole and rightful owner of a certain movable property being a Gold Recovery Plant presently situated at 2nd respondent’s mining location in Hwedza as well as the 8 tone crusher unit presently situated at Number 35 Paisley Road, Corner Stirling Road, Workington, Harare.
2. The respondents be and is hereby barred,... More
This is an appeal and cross appeal against the decision of the National Employment Council Appeals Board. The Board ordered that the Appellant ‘Mavhunga’ be dismissed and awarded back pay from July 2, 2008 to March 2, 2012. Both parties noted appeals against the decision at different times. The two matters were consolidated after an application to this court was made. For the avoidance of confusion in the terms parties would be referred to in their names. More
At the onset of oral argument in this Court respondent raised 2 points in limine which appellant opposed. Respondent abandoned the other points mentioned in his papers. The points shall be dealt with herein ad seriatim. More
