Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
The applicant and the first respondent are brother and sister. The deceased was their sister. She died on 24 July 2004 at the age of 61. The deceased was single and did not have any children of her own. Following her death a will was duly filed with the master on 24 September 2004 and was duly accepted as the will of the deceased. The first respondent was appointed executor in accordance with the will. In terms of the will the first respondent was appointed the sole beneficiary of the deceased estate. The applicant has filed this application seeking an... More
The parties in this matter married in 2008. They are agreed that their marriage has broken down and that a divorce ought to be granted. Whilst initially three issues were referred to trial, namely custody, maintenance and the sharing of the immovable property, at the time of the trial the parties had resolved issues relating to maintenance and custody of their minor children. On the issue of the immovable property they had also made significant head way in that they were both now agreed that each party has a 50% share in the property known as Stand 3451 Southlea Park... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 10 June 2021. It was placed before me on the 17 June 2021, and I ordered that it be served on the respondents together with a notice of set down for 21st of June 2021. The relief sought by the applicant has been formulated as follows: More
This is an opposed application in which the third defendant took out an exception to the plaintiff’s claim in terms of Order 21 r 137(1)(b) of the High Court Rules 1971 (hereinafter the rules). The application is opposed by the plaintiff only. Mr Deme for the first defendant declined to make submissions in the matter. More
This is an application for rescission of judgment that was entered against the applicants and in favour of the respondent on 19 May 2011 in HC 8604/10. More
1. On the 16 February 2017, plaintiff sued out a summons against 1st defendant seeking an order couched in the following terms:
i. An order confirming the cancellation of an agreement of sale entered into by and between plaintiff and defendant in respect of a property known as a certain piece of land being stand number 6505 Bulawayo Township of stand 6541A Bulawayo Township, situate in the District of Bulawayo and which cancellation was occasioned by defendant’s breach of the terms and conditions of the said sale agreement. More
The appellant was employed by the respondent as an accounts administrator.She was also a member of the workers committee. She was charged with misconduct in terms of the Old Mutual Code of Conduct and Grievance Procedure,(in particular s 15.9), for failure to fulfill the expressed or implied conditions of her contract of employment or any breach of the employment contract. The allegations against her were that during the morning of 9 July 2019 she misrepresented to and mobilized Old Mutual employees to gather in the Mutual Gardens canteen. This was on the pretext that the Human Capital Executive wanted to... More
This is an appeal against the determination of the Appeals Officer appointed in terms of the Old Mutual Code of Conduct, which determination upheld the conviction of the appellant on misconduct charges levelled against him, and the consequent penalty of dismissal More
Confronting this court is a dispute between two contestants vying for rights in property stand number 6390, Retreat Waterfalls, Harare. Applicant is seeking an order declaring him the lawful holder of rights in that property with the attendant consequential relief for the ejectment of the first respondent and all those occupying through him from the same. More
The applicant in this matter is seeking an order in the following terms set out in the draft order:
“IT IS ORDERED THAT
1. The 2nd and 3rd Respondents release the applicant’s transcript immediately upon service of this order.
2. The respondents to pay cost of suit jointly and severally one paying the other to be absolved.”
The application is opposed by the respondents More
On the 14 September 2021 this Court issued an order which dismissed Applicant’s appeal for want of prosecution. On the 30th September 2021 Applicant filed the present application for the rescission of the order. Respondent opposed the application. The Court may or may not grant rescission as per provisions of Section 92C(1)a of the Labour Act Chapter 28:01. I shall deal with the matter under subtitles “Default” and “Merits” respectively More
This is an application in terms of Section 92E (3) of the Labour Act [Chapter 28:01] for stay of an arbitral award in favour of the 1st Respondent. The award was made by the 2nd Respondent on the 12 July 2013. Applicant was ordered to reinstate 1st Respondent with full wages and benefits amounting to $2 280,00. If reinstatement is not an option in the following twenty one working days, Applicant was to pay damages in lieu of reinstatement the quantum of which the parties may agree, failure which either party may approach the Arbitrator for quantification. Applicant was also... More
This is an urgent Chamber application for an interim interdict seeking to interdict the Respondent from disposing of the Applicant’s tanker and trailer seized by the Regional Manager, Region 1, Customs and Excise of the Respondent on 6 October 2021after it was found to be laden with water instead of fuel on its way to Zambia at Chirundu border post. When the tanker and trailer were seized, the driver vanished and has not been accounted for up to this day. More
