The plaintiff is a Trust formed in terms of an Addendum to a consent order entered into by the defendant and his ex-wife, Colleen Beatrice Benatar. The Addendum was subsequently made an order of this court. More
This is an application for condonation of late filing of a notice of opposition in HC7577/10 wherein the respondents seek the nullification of their suspension from employment as well as their reinstatement to their posts without loss of salary or benefits.
The applicants were served with the court application in HC7577/10 on 27 October 2010. They had until 8 November 2010 to file their notice of opposition and opposing affidavits. On 8 November 2010 a notice of opposition and an opposing affidavit were filed. On 19 November 2010 an answering affidavit deposed to by the first respondent herein was filed. More
This is an appeal against the decision of the arbitrator. The facts are that the respondent was employed by appellant and is alleged to have resigned. Respondent alleged that he was owed arrear salaries and took his matter up with the Ministry of Labour. Conciliation failed and the matter was referred to arbitration. The arbitrator found in favour of respondent. Appellant has appealed to this Court being dissatisfied with the decision of the arbitrator. More
The applicant filed an urgent chamber application seeking an order of this court, staying the execution of an order granted by HLATSWAYO J on 24 July 2009, in HC 4327/08. More
This urgent chamber application was referred to me on 10 May 2010. On the same date after perusing the papers I endorsed on it that the matter was not urgent. On 11 May 2010 the applicant’s legal practitioners wrote to the Registrar seeking an opportunity to argue the urgency of the matter before the judge. Their letter was received by the Registrar on 12 May and brought to my attention on 13 May. I therefore directed that the matter be set down for 17 May at 10.00am. More
The municipality of the City of Harare is the lawful owner of certain piece of immovable property known as House No. 4 Hampshire Road, Eastlea, Harare. Sometime in September 1993 it entered into a written lease agreement with one Soul Kenneth Manyasha the defendant under case number 3174/08 and the plaintiff under case number HC 6675/08. More
1. This is a chamber application for reinstatement of the applicant’s appeal in terms of r 70 (2) of the Supreme Court Rules 2018 (the Rules). The application is pursuant to the Registrar’s order deeming the appeal abandoned and dismissed in terms of r 53 (1) of the Rules. The appeal was deemed abandoned and dismissed for want of filing heads of argument on time. The application is opposed. More
The appellant seeks the setting aside and substitution with a dismissal of the judgment of the High Court (the court a quo) handed down on 13 July 2020. The court a quo set aside the discharge order of the respondents from the army and reinstated them without loss of salary or benefits. More
This is an application for rescission of judgment. After hearing argument, I dismissed the application with costs on a legal practitioner and client scale. The applicants have requested written reasons for the decision. These are they.
[2] The facts of this matter are that the order sought to be rescinded was granted on 1 February 2023. The deponent to the founding affidavit in support of the application is Mr Machingauta. The deponent avers that he is counsel of the applicants, i.e., respondents in HC 2551/20 the main matter. He depones that he misdiarized the set down date in the main... More
On 12 February 2020, the High Court handed down judgment directing the appellant to refund to the respondent the sum of ZWL 545 058, 14 together with interest at the prescribed rate reckoned from September 2002. It also ordered the appellant to pay the respondent’s costs of suit. This appeal is against the whole of that judgment.
BACKGROUND
On 18 June 2002 the respondent, which is anincorporation registered in Zimbabwe, purchased 30 motor vehicles from Japan which were quickly shipped to Durban in South Africa on 29 July 2002. On 2 August 2002 the Minister of Finance published General Notice... More
The applicant is seeking a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The application was prompted by a dispute arising from an amendment to the Dadaya Mission Trust Deed and the appointment of the second to fifth respondents as trustees.
From the onset, Mr Chidyausiku took the preliminary point that the first respondent is barred on account of filing heads of argument beyond the prescribed period. He moved that judgment be granted on an unopposed basis. The first respondent’s heads of argument were filed on 28 August 2018 despite having been served with... More
The debate over what came first, the chicken or the egg has never been resolved to finality. In casu, however, the question of what is in a chicken has a one- word answer to the plaintiff and the defendant - ‘everything’. Even more intriguing is the use of the word ‘luv’ by both of them in their registered trademarks. More
This an application for condonation for late noting of appeal and review of the decision leading to the appellant’s loss of her job with the respondent employer following disciplinary proceedings where she was accused of having engaged in conduct which was inconsistent with the dictates of her employment More
The late Mariana Moyo died intestate prompting the administration and management of her estate to be placed in the hands of the 1st respondent as the Executrix Dative on 19 March 2012. It would appear that the appointment of the 1st respondent was brought about by the deceased’s relatives together with the beneficiaries of the estate. This estate appears to be facing a number of challenges as evidenced by this application. More
In this application, the applicant attached in execution certain movable goods listed in annexure B to the application. The goods were attached for execution to satisfy a judgment of this court in the case Tian Ze Tobacco Company (Pvt) Ltd vLawrence Katsiru Case No. HC 2100/14. The two parties are the judgment creditor and debtor respectively. In terms thereof the judgment creditor caused the issue of a writ of execution to recover an amount in excess of $224 003-16 and execution costs. More
