The plaintiff seeks provisional sentence in the sum of US$36 457-11 together with interest at the rate of 5% per annum from 19 October 2011 to date of payment, a sum contained in various quotations attached to the provisional sentence summons. He also relies on the judgment of this court, being HH 79-06, per BHUNU J, ordering the defendant to pay the plaintiff the sum of $4 744 515 138-00 (four billion seven hundred and forty four million five hundred and fifteen thousand one hundred and thirty eight Zimbabwe dollars), plus interest at the prescribed rate and costs of suit. More
The plaintiffs’ case is that they own certain housing units situate in RAN mine compound. The 18 defendants were among other employees who were employed by RAN mine. They were given accommodation as part of their employment benefits. In 1999 the mine workers, including the defendants, were retrenched from work and paid their retrenchment package which included a relocation allowance of $5000. The plaintiffs said the retrenchment was approved by the Ministry of Labour in line with labour laws and that the retrenchment package was one agreed to by the Works Council and Management. Despite demand, it is alleged the... More
This an application for the registration of an arbitral award as an order of this court for purposes of enforcement.
The application is made in terms of s 98(14) of the Labour Act [Cap 28:01] (“the Act”) which provides as follows:
“(14) Any party to whom an arbitral award relates may submit for registration the copy of it furnished to him in terms of subs (13) to the court of any magistrate which would have had jurisdiction to make an order corresponding to the award had the matter been determined by it, or, if the arbitral award exceeds the jurisdiction... More
This is an application for a spoliation order whereby the applicants pray for restoration of status-a-quo ante prevailing at Plot No. 1 Robbsdale Farm Mhangura as at 17 June 2017. On the return date the applicants would pray for a final order in the nature of an interdict where the applicants are barred from unlawfully interfering with the applicants farming activities at and occupation of Plot No. 1 Robbsale Farm. More
This is an appeal against a determination by Ms P. Chiyangwa Designated Agent, which determination was issued on the 19th of April, 2022. In her determination the Designated Agent had directed the reinstatement of Respondent without loss of salary and benefits. More
MAKONESE J: This is an application for a declaratory order. The applicant seeks an order in the following terms;
“IT IS ORDERED THAT:
1. The purported sale in execution of the applicant’s immovable property commonly known as a certain piece of land being stand 1116 Bulawayo Township situate in the district of Bulawayo measuring 1110 square metres, and the subsequent confirmation of such sale under case number HC3088/13 be declared null and void and of no force and effect. More
This is an application for bail pending appeal.
The applicant was convicted by a Provincial Magistrate at Chipinge on three counts of stock theft as defined in s 114 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. More
This is an application for leave to prosecute an appeal in person. The application is dated 5th of November 2019. The matter was initially placed before MABHIKWA J in November 2020. The learned judge who has now left the service ordered that the application for leave for appeal in person be dismissed. More
The applicant is the executor and a beneficiary in the estate of the late Juawo Nkomo (“Juawo”), his father. During his lifetime and in particular on 20 August 2013, the late Juawo entered into a mining joint venture agreement (“the agreement”) with the 1st respondent, a company duly incorporated in terms of the laws of the country. He was the registered owner of the mine called Koodoo 10 Mine, Makaha (“the mine”) situate in Mudzidistrict.
[2] In terms of the agreement, Juawo would facilitate change of ownership of the mine to incorporate the 1st respondent as co-owner of the mine... More
Parties to this matter agreed that the matter should proceed as a stated case. As a result they submitted a statement of agreed facts which as laid out the agreement and turn of events which led to the dispute in question. Parties further set out the issues which needed to be resolved in this matter More
The plaintiff and the first defendant married each other on 13 May 1976 in Botswana in terms of that country’s civil marriage laws, the Marriage Proclamation [Chapter 144]. More
The dispute in this case revolves around the 4th defendant’s registration of the will of one Martin Philip Motsi, who died on 10 September 2002, and the subsequent appointment of the 3rd defendant as the executor of Motsi’s estate. The principal assets of the estate consist of three immovable properties. Apart from the 3rd and 4th defendants, the parties are related to one another.
The primary issue for determination is whether the will was in fact executed by the deceased and whether the Master erred in accepting that will. The secondary issue is whether or not the 3rd defendant’s appointment... More
This is an application for condonation for late filing of an application for leave to appeal and for extension of time within which to file an application for leave to appeal to the Supreme Court. The application is opposed.
PARTIES SUBMISSIONS
The Applicant through his written and oral submissions submits that he has strong reasons for his application to succeed. He submits that the delay is not inordinate it is only a day’s delay. His explanation for the delay is that he could not have filed the application for leave to appeal on time because he had travelled out of... More
The applicant filed what it termed:
“Urgent Chamber Application for stay of execution and ancillary relief”. The relief sought is couched in the following terms:
“Terms of final order soughtThat you show cause why a final order should not be made in the following terms:
1. It be and is hereby declared that the proceedings under case number HC 1594/15 are a nullity on account of the citing of a non-existent plaintiff.
2. The attachment and removal of the applicant’s property pursuant to the court order of the Honourable Mr Justice MATHONSI of the 19th of October 2017 be and... More
On the night of 5th/6th July 2015, thieves broke into, and stole from, the applicant’s shop. They stole some goods and money. Their loot amounted to $64 272 in toto. More
