First Applicant and the respondents are engaged in a bitter battle for the control of second respondent. As often happens in such issues, the disputes unfortunately spill into our courts. Parties have been engaged in litigation of all sorts since 2005. More
The applicant approached this court seeking an order in the following terms:
“It is ordered and declared that:
1) The Constitution of the Apostolic Faith Mission in Zimbabwe (“The Constitution”) is the Supreme Law governing all the legal matters of the church.
2) The formation of branch – assemblies within the AFMZ is regulated by Chapter 3 of the Regulations to the said Constitution.
3) Any branch assembly formed outside of Chapter 3 of the Regulations to the said Constitution is illegal and ultra-vires the Constitution of the AFMZ.
4) That the respondent only bears the costs of suit in... More
The factual background to this matter is that a default judgment was granted against the applicants in 2005. That order was to the effect that the now appellants be evicted from Pumula Farm in Urungwe, Karoi. A warrant of ejectment and execution against property was then obtained in 2020 prompting the appellants to file the application for condonation of late filing of an application for rescission of judgment as they were way out of time in seeking a setting aside of the default order. The court a quo found that the delay was inordinate, there was no reasonable explanation for... More
The plaintiff instituted proceedings against the defendant wherein he claimed the following:- a decree of divorce, and as ancillary relief thereto, custody of the two minor children of the union and an equitable distribution of the assets which constituted the matrimonial estate. When the matter was brought before a judge in chambers for a pre-trial conference the parties made some accommodation on some of the contentious issues to the dispute. The question of the custody of the minor children and their upkeep was resolved between the parties. They also shared out the matrimonial estate which consisted of both movable and... More
This is an urgent chamber application in which the relief sought is that the respondent be interdicted from filling the applicant’s position of Chief Executive Officer pending the determination of another court application filed under case number HC11003-16 between the same parties. The final order sought was amended at the hearing of the matter to be one for costs of suit. The applicant is a male adult who describes himself as having been in the respondent’s employ for ‘many decades’ in terms of a contract of employment entered into between himself and the respondent, a company incorporated in terms of... More
On the 17th of November, 2022, I granted an ex tempore judgment in in this contested application for review, in favor of the applicants after hearing arguments from the parties. These are the reasons for judgement following a request by the respondents through the Registrar of the High court. An unopposed application for the condonation of late filing of heads and upliftment of bar by the respondents was successfully granted by this court. More
This is an application for the rescission of a default judgment made in the employer’s favour against the applicant employee. Facts of the matter are that on 7 October 2015 the Labour Court allowed in default the appeal filed the employer because the employee had not attended the hearing on that day despite service. Aggrieved by the default order the employee made the application which is the subject of this judgment.
Basis of the application is that the set down notice did not get to the employee representative’s attention. He therefore argues that he has always been keen to defend... More
The Respondent was the Applicant’s credit controller from 18 September, 2009. The Applicant paid the Respondent agreed wages from September to November, 2009. From December, 2009, the Applicant stopped paying the wages. No wages were paid for the whole of 2010. Instead Applicant was giving the Respondent a transport allowance. On 5 February, 2011, the Respondent approached the Applicant, asking for the outstanding wages. The Applicant refused to pay him. The Respondent referred the issue to a labour officer who referred the issue to arbitration. More
The applicant instituted proceedings as a matter of urgency. The application was lodged in this Court on 15 May 2020, and heard on 29 May 2019. The final and the interim relief sought by the applicant have been formulated as follows:
“Terms of the final order sought:
1. That it be and is hereby declared that the election of the applicant is lawful as it was in consequence of section 103 (4) as read section 103 (3) (iii) of the Urban Councils Act (Chapter 29:15).
2. Alternatively, that it be and is hereby ordered that applicant’s election occurred after 2ndrespondent‘s... More
The appellant was formerly employed by the respondent. Following the termination of the relationship a dispute arose over certain amounts that he claimed as being due and owing to him. He obtained an arbitral award on 28 June 2012. On 1 October 2012 the appellant applied through the chamber book for an order for the registration of the arbitral award as an order of the High Court. The respondent opposed the application on the grounds that it was not capable of registration because a component of the award is not sounding in money and on 19 August 2015 the High... More
This is an appeal against the whole judgment of the Magistrate’s Court in which the court a quo granted an application in favour of the 1st respondent (Mavetera) for the rectification of the register in terms of section 162 of the Companies and Other Business Entities Act (the Act) [Chapter 24:31]. More
This is an urgent chamber application for a provisional interdict.
The facts are that on 10 July 2013 I dealt with the matter on the unopposed roll. The applicant who is the first respondent in this matter had applied for a provisional sentence on a liquid document namely an acknowledgement of debt by all the respondents (some of the applicants in this matter). The draft order was headed “Order by Consent” and its first paragraph reads:- “1. The Deed of settlement under HC 4283/13 be and is hereby made an order of this Court”. I raised a query relating to... More
This matter has a long history of a dispute over the ownership of a piece of communal land, in Mayambara, Seke Communal lands. The parties to the dispute inherited the dispute from their parents. Appellant’s father and the respondent’ brother, who were the original disputants died many years ago. The matter was further confused by the lack of knowledge of the applicable law on the part of the parties and Court officials. Along the way, wrong advice was given to the parties leading to wrong decisions being given in courts More
