This is an application for the setting aside of irregular proceedings in terms of s 43(1) of the High Court Rules, 2021. The applicant is the plaintiff whilst the first to the fourth respondents (hereinafter called the respondents) are the first to fourth defendants in the main cause between the parties in HC 5524/2021. In that matter, the respondents in response to the applicant’s summons filed an exception, a special plea and a plea to the merits all at once. It is the applicant’s averment that the respondents failed to comply with the peremptory provisions of rule 43(2) and rule... More
The appellant was convicted, after contest, of contravening s 113 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). It had been alleged that on 24 July 2018 and at the corner of Visage and Princess Park, Pretoria, South Africa, the appellant stole a motor vehicle, a Chevrolet Trailblazer, belonging to one Lazarus Chitsungo. He was sentenced to 6 years imprisonment of which 8 months were suspended on condition of future good behaviour. Aggrieved by the conviction and sentence he appealed against both. More
This is an exception by the second defendant to summons issued out of this court by the plaintiff on 2 May 2018 against the defendants.
In the summons the plaintiff alleged that sometime in 2014 on the instructions of the second defendant, an auction was conducted by auctioneers Hammer and Tongues in respect of an immovable property stand 783 Bannockburn Township . Plaintiff’s bid won and he paid US$36 500.00. The sale was confirmed and he deposited the transfer fees with the conveyancers. In due course, however he was advised by the conveyancers that the sale had been rescinded and... More
This application was placed before me as one for summary judgment in terms of R30 of the High Court Rules, 2021. On the 13th of October 2022 after hearing the parties, I gave judgment ex tempore. I have been requested for reasons and these are they. Although there is reference to applicant and respondents, in my view, the correct reference is plaintiff and defendant given that it is an application for summary judgment. More
This is an appeal in terms of Rule 19 of the Labour Court Rules, 2017. The appeal was noted as against the determination of the Respondent’s Disciplinary Committee handed down on 14thApril, 2023. More
This is an appeal against an arbitral award.
The respondent was employed as a cook by appellant from January 2005 to 30 January 2015, when he retired More
I must acknowledge the inordinate delay in rendering this judgment. The delay was due to misfiling of records by the judge’s legal clerk. Indeed by letter dated 27 September 2017, the applicant’s legal practitioners wrote a letter to follow-up on the judgment. More
Appellant was aggrieved by an arbitral award wherein the Arbitrator found that Respondent had been unfairly dismissed and ordered his reinstatement with full pay and benefits or alternatively that he be paid his back pay and damages in lieu of reinstatement. More
Both matters were disposed of on the basis of a concession made that the facts in respect of each case did not disclose an offence. What follows are the reasons for the order made on that day striking both matters off the roll. More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal.These are they.
Applicant is facing a charge of raping his employee. Applicant is alleged to have raped the complainant who was employed as a housemaid. After the rape the complainant sent a text message to her mother and reported to the police. Applicant was arrested. He indicated that he was employed by the Ministry of Health and Child Care as a Male Circumcision Mobilizer at Nyadire Mission Hospital, Mutoko. He was placed on remand and on 26 August, 2022, an application... More
The applicant applied for bail pending trial before FOROMA J on 26 June, 2020. The application was dismissed on 24 July, 2020. The reasons for judgment are contained in judgment HH 486/20. That judgment sets out the background to the case. I will however briefly refresh on the background so that this judgement is understood in context. It is also noted that there is a further background to the application which FOROMA J did not deal with but is relevant to the bail applications. More
On 26 May 2022, a default judgment was handed down in case number HC 6499/21. First respondent was the plaintiff in that matter. The default order declared her to be the surviving spouse of the deceased Alexander Makwena entitling her to inherit in the deceased’s estate and ordered second and third respondents to include her in the final administration account and distribution plan. The present application was filed on 6 October 2022. More
