The appellant was dismissed from the respondent’s employ following disciplinary proceedings. His internal appeal failed. He was aggrieved and has therefore appealed that decision to this Court. More
Applicant seeks an order directing that the matter between the applicant and the first respondent in HC 1982/05 be re-opened to allow the applicant lead fresh evidence. He also seeks costs against the first respondent. More
The plaintiff issued summons against the three defendants seeking the following relief;
“(a) An order declaring the Sale Agreement between the 1st defendant and the 2nd defendant
in respect of the property described in the plaintiff’s declaration to be null and void.
(b) An order declaring the sale agreement between the plaintiff and the 1st defendant
in respect of the property described in the plaintiff’s declaration to be valid and
binding.
(c) An order compelling the 1st defendant to within seven (7) days of being served with this order and against payment by the plaintiff of the balance of the... More
1. This chamber application was placed before me on a certificate of urgency on 24 May 2021. I formulated the view that the application was not urgent and removed it from the roll. The applicant requested audience with the court resulting in the matter being set down for the purposes of hearing argument on the question of urgency.
2. At the hearing of the matter, the respondent challenged the authority of the court to deal with the application on the basis that the court has already made a decision on urgency and is functus officio on the question of urgency.... More
This matter came by way of referral from the taxing officerin terms of Rule 75(25) of the High Court Rules 2021 (the rules),on 23 November 2021. It was pursuant to a disagreement between the parties over the inclusion of certain items in the plaintiff’s bill of costs that was placed before the taxing officer for taxation. The parties are embroiled in an ownership dispute concerning a church in the suburb of Hatcliffe, Harare. The matter was ripe for trial that was set to commence before me on 12 July 2021. More
This is an appeal against an arbitral award handed down on 30 October 2014, in terms of which it was ruled that the respondent’s (then claimant) representative had no locus standito represent the respondent before the arbitrator. More
Plaintiff is in the business of exporting fresh (and therefore perishable) meat products from Zimbabwe to various foreign destinations. An efficient and reliable transport service provider withspecialised refrigerated containers is an indispensable enabler to plaintiff`s business. According to plaintiff in its declaration, defendant touted itself as imbued with the requisite attributes, equipment and expertise meeting plaintiff`s specialised transport needs. In particular, defendant held itself as possessing special refrigerated containers called “reefers”. Plaintiffalso described defendant as a provider of shipping services to and from Zimbabwe through the Durban, Maputo, Walvis Bay and Beira corridors. More
The applicant seeks the following contested order:
1. That the Note of Hand registered by the respondent on stand 237 Redcliff Township of Redcliff Estate, measuring 3 185 square meters and held under Deed of Transfer number 2190/2000 is hereby declared null and void and of no force or effect. More
On 2 September 2021 applicant (plaintiff then) issued summons against the respondent (defendant then) claiming:
1. An order compelling respondent to execute an agreement of sale in favour of applicant for stand 19376 Southerton Township.
2. That in the event that respondent does not within seven (7) days of the granting of the order, execute the agreement, applicant shall be deemed the owner of the stand.
3. Costs of suit.
Respondent entered appearance to defend the action, the result of which applicant then applied for summary judgment on the basis that respondent has no defence to the claim and that... More
The applicant filed this urgent chamber application to interdict the first and second respondent from entering into any property development agreement or any type of agreement involving a certain piece of land known as Swallowfieds of Johannesburg in the District of Hartley measuring 606,725 square meters held under Deed of Transfer 5257/99. More
On second of August 2022, respondent obtained a default judgment against the appellant. The judgment was for the eviction of the appellant from stand number 3723 subdivision C Portion of Haydor Farm Westgate Harare. The appellant had not filed an appearance to defend resulting in a default judgment being entered against her.
It is this default judgement the appellant wanted rescinded by a Magistrate. The court a quo dismissed with costs the court application for rescission of default judgment. The rule nisi for stay of execution was discharged. More
The matter was set down for hearing on the 3rd of September, 2013. At the end of proceedings the parties were directed to file supplementary heads on an issue that had arisen in the course of proceedings. The parties having filed the supplementary heads of argument the file was referred back to me by the Registrar on the 1st September, 2014. The following is my judgement on the merits of appeal. More
The appellant was convicted of contravening s 49 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was ordered to pay a fine of $200 or in default to undergo 3 months’ imprisonment. In addition, 2 months’ imprisonment was wholly suspended for 5 years on condition of good behaviour. The appellant was also prohibited from driving class 2 vehicles for 2 years. More
On the 8th August 2024 Arbitrator NC Mutiba issued an arbitral award in terms of which she ordered applicant to pay respondents retrenchment packages amounting to US$ 28,532.15. Applicant then applied to this Court for the review of the award in terms of Section 89 of the (1) (d1) Labour Act Chapter 28:01 hereafter called the Act. More
