On 20 April 2012 the applicant filed an urgent chamber application seeking certain relief against the first, second and third, respondents. The matter was set down for hearing on 26 April 2012 at midday. On that day it was postponed to the next day to allow the first and second respondent to file their opposing papers. It was observed too that no service of the application had been effected on third respondent. The applicant undertook to rectify this failure to comply with the court’s directive. More
The respondent was formerly employed by the appellant in the retail department at its Southerton Branch. In March 2015 he was charged with committing an act, or omission inconsistent with the fulfilment of the express or implied conditions of his contract of employment in terms of category D of the Collective Bargaining Agreement S.I. 273/2000, (the “CBA”). More
Even in circumstances where client’s case presents itself to counsel preparing the claim as beyond question, there is always need to pay attention to detail, for failure to do so may result in errors of omission or commission fatal to client’s case. More
Subsequent to the conclusion of the hearing of this matter on 27 February 2012 it was brought to the court’s attention that immediately after adjoining the second and fifth defendants had initiated negotiations with a view to reaching a settlement with the plaintiff. Documents to this effect have been filed of record and indications are that the parties on their own could not reach a settlement although both the defendants unequivocally accepted liability of the amount of claim. More
This is an application for condonation of the late filing of an application for rescission of a default judgement handed down under Case NumberLC/H/LRA/700/18. The application is opposed by 2nd and 3rdRespondents.
By way of background the 1st and 2nd Respondent were employed by the Applicant. The Applicant concedes this position in respect of 1stRespondent but however contests this position in respect of 2nd Respondent. The two Respondents referred a claim of unlawful retrenchmentto the Designated Agent, Tichafara R. Viriri; they were thus claiming for cash in lieu of leave days, underpayments and compensation for loss of employment. More
Where a party institutes legal action for delictual damages arising out of a road traffic accident the pleadings must set out the particulars of negligence. It is imperative for the plaintiff to allege wrongfulness and unlawfulness of the defendant’s conduct in the pleadings. In this matter, the court has had to extract these particulars from the plaintiff, a scenario which should never occur. All the material aspects of the alleged negligence must be specifically pleaded and must appear ex facie, the declaration. More
1. This is an appeal against the judgment of the High Court striking off the rollthe appellant’s urgent chamber application for an interdictagainst the first, second and third respondents in respect of certain conduct, pending the resolution of any dispute between the appellant and the fifth respondent over certain mining claims.
2. The Provisional Order that the appellant sought in the court a quo was in the following terms: More
The applicant approached this court seeking for summary judgment which application is opposed by the respondent. The applicant being the registered owner of a piece of land namely Stand 2738 Umtali Township of Umtali Township lands also known as 10 Thorn Close, Morningside, Mutare issued summons for eviction of the respondent. The respondent defended the matter and hence the present application for summary judgment More
This is an application for specific performance, that is, to compel the respondents to pursue subdivision of proposed subdivision A of Lot 369 Highlands Estates of Welmoed within 5 days of receipt of this order failing which the Sheriff of Zimbabwe be and is hereby authorised to sign and submit all documentation required to facilitate and complete the process of subdivision. More
On 24 July 2008 the plaintiff issued out summons in this Court against the defendant seeking to compel the defendant to transfer stand number 623 Highway Chinhoyi into the plaintiff’s name and other ancillary relief. More
This is an appeal against the whole judgment of the High Court handed down on 18 February 2015 in which it dismissed with costs the appellants’ claim for payment for architectural services allegedly rendered to the respondent at its special instance and request. More
This is an application for stay of execution of an arbitral award granted on 30th September 2013, in which damages were quantified and amounted to a total of US$491 760.00. More
On 21 August 2013 and pursuant to the results of the harmonized elections held in the Republic of Zimbabwe the 2nd respondent sent a letter to all local authorities guiding them on the manner in which the Mayors and Chairpersons of local authorities were to be elected. Paragraph 4 of the letter which is relevant to the matter in casu which had particular reference to Harare and Bulawayo Metropolitan Provinces read as follows; More
This is an appeal against an arbitral award in terms of which the Appellant was ordered to reinstate the Respondent without loss of salary and benefits, or pay him damages in lieu of such reinstatement. The arbitral award overturned a decision of the Appellant’s Disciplinary Committee which had found the Respondent guilty of misconduct and dismissed him from employment. More
