MTSHIYA J: This is an opposed application where the applicant seeks confirmation of a provisional liquidation order granted on 24 March 2010, which order read as follows:-
“1. The applicant, RADIATOR & TINNING (PRIVATE) LIMITED, is provisionally would up, pending the grant of an order in terms of paragraph 3 of the discharge of this order. More
This is an application for the rescission of a judgement given in default against the applicant employee when he failed to attend hearing of the review matter which he had filed with this court. More
The matter was placed before me as an appeal against a draft ruling handed down by Labour Officer Madziya J on the 29th of March 2023. The appeal was as indicated filed on the basis of section 128(1) of the Labour Act [Chap 28:01] as amended by the Labour Amendment Act, No.11 of 2023 as also read with rule 19 of the Labour Court Rules, 2017. The appeal was filed on the 7th of September 2023. More
On the 31st August 2023 at Harare, 1st respondent in her capacity as a Designated Agent (DA), issued a determination. She dismissed applicant’s (employee) claim of unlawful termination of employment by 2nd respondent (employer). Appellant then applied for the review of the determination by this Court in terms of section 89(1)(d) & 92 EE of the Labour Act Chapter 28:01 (the Act). Respondent opposed the application. More
: This is an urgent application to review the proceedings conducted by the respondents on 6 and 7 March 2006 that resulted in the imprisonment of the applicant for a sentence imposed upon him in April 1992. More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court dismissed an application for the amendment of summons and plaintiff’s declaration in case number HC 9631/16. More
The applicant has applied for leave to amend its summons and declaration issuedout of this court in case no HC 9631/16 on an undisclosed date in the year 2016. The original summons and declaration were not submitted with this application. The Court can only rely on what the applicant says is contained in the summons and declaration to be amended. Applicant says in the year 2016 it sued for an order setting aside a certain Surety Bond No. 4250/11 registered against its immovable property held under Deed of Transfer no. 6844/2004 on the grounds that the bond is invalid and... More
On 13 January 2023, this Court confirmed a draft ruling by Fadzai Marovanyika N.O. and ordered that Respondent pay to the Applicant a total sum of ZWL $ 12 804 277-56. Applicant is dissatisfied with the Order and intends to approach the Supreme on appeal. This is therefore an application for leave to appeal in terms of section 92 F (2) of the Labour Act, (Chapter 28:01). More
Applicant filed this chamber application seeking that the application under cover of case number HC 2034/18; X-Ref. HC 166/18; X-Ref. HC 2005/17; X-Ref. HC 1355/16 be dismissed for want of prosecution, with costs on a legal practitioner and client scale and de bonis propriis. This application was filed with this court on the 16 August 2019. On the 30 August 2019, respondents filed a notice of opposition, and opposing affidavits deposed to by the first and second respondents. More
MAKONESE J: This is an application for an order setting aside the ruling of the 4th respondent (hereinafter referred to as the Sheriff), wherein he upheld an objection raised by 1st to 3rd respondents to the confirmation of a sale of immovable property being Subdivision D of Stands 5, 6, 7 and 8 of Matsheumhlope, Bulawayo. Applicant further sought an order of this court directing the 4th respondent to cause the sale of the immovable property in question by way of private treaty to enable it to recover the full value of its judgment debt in terms of an order... More
This matter was initially placed before me under a certificate of urgency. As the final and interim relief sought on the provisional order were the same, I wrote an endorsement on the face of the application querying the manner in which the relief had been framed. The letter of explanation was not placed before me and it was not until after some months that the matter was then brought to my attention. In the event, it was set down before me in chambers to be argued as an urgent application. The respondents indicated a desire to file affidavits in opposition... More
This is an application for leave to appeal against the review judgment of HOVE J siting at the Labour Court at Harare on 5 December 2014. Aggrieved by the outcome of the review proceedings the applicant unsuccessfully applied for leave to appeal to this Court. More
1. This is an appeal against the judgment of the Labour Court handed down on 20 March 2015 dismissing with costs, an appeal by the appellant against an arbitral award in favour of the respondent. More
On 9 April 2021 the Plaintiff issued a summons out of this court claiming (a) An order for payment in the sum of US$ 135 931.36 or its ZWL$ equivalent at the prevailing rate on the date of payment being arrear rentals owed to the Plaintiff by the Defendant.
(b) An order for the cancellation of the lease agreement between the parties.
(c) An order for ejectment of the Defendant and anyone claiming occupation through him.
(d) An order for holding over damages at the rate of USD$ 433.00 per day starting from the 1st of May 2021 to the... More
This court allowed respondent’s appeal against the decision of applicant’s Appeals Officer. The applicant is dissatisfied with that decision and seeks to approach the Supreme Court. This is therefore an application for leave to appeal in terms of section 92 F of the Labour Act [Chapter 28:01]. More
