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
1. The applicant is a property development company. The second respondent is a regulatory body established in terms of the Estate Agents Act [Chapter 27:17] to provide for the registration of estate agents and the regulation of the practice of estate agents in Zimbabwe.
2. On 6th of July 2023, the first respondent caused to be published (in print and online versions) through the second respondent in its Herald newspaper, a notice headed “Estate Agents Council of Zimbabwe: BOGUS AGENT PUBLIC NOTICE ALERT under the list of what first respondent called “Unregistered Firms and Individuals practicing as ESTATE AGENTS”, first... 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
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
On 27 August 2024 the court dismissed the respondent’s application for condonation and the removal of bar and expunged the respondent’s opposing papers and treated the application as unopposed. The court further granted the application for registration of the judgment of the labour officer, F. V. Marovanyika dated 8 September 2022 for execution purposes and ordered the respondent to pay the applicant the sum of US$935 511.57 payable in local currency at the prevailing rate and costs of this application on a legal practitioner and client scale. The order was granted following an amendment of the draft order at the... More
