The matter was placed before mepurportedly as an application for condonation of late noting of an appeal.
After perusing the record and upon an enquiry with the applicant’s legal practitioner, it became apparent that the applicant was actually seeking condonation for the late filing of an appeal co-joined with an application for review – a two in one approach. Apart from that the court’s enquiry also established that the two i.e. the appeal and the application for review relate to two different arbitral awards – a principal award and a quantification award issued pursuant to the first. This however was... More
This is an appeal against an award in favour of respondents.
Respondents were employed by the appellant on different dates. Their contracts were terminated and they complained of
- non payment of wages
- non payment of cash in lieu of leave
- non-payment of overtime
- Non-payment of holiday allowances
- Unlawful deductions; and
- Non-issuance of soap and show polish.
The matter was not settled at conciliation and was referred to arbitration. More
To borrow from the respondent, it is trite law that before reaching any finding, the court or tribunal must consider all the facts and this must be shown to be done.
Unfortunately in the case before me, it is not clear how the arbitrator reached the conclusion that the respondent had not signed the full and final settlement agreement.
The appellant’s submissions before the arbitrator on p 27 of record raised same point in limine for the two claimants before the arbitrator, that they had already been paid in full and final settlement in terms of agreements signed. More
This is an appeal and a review against an arbitral award handed down on 13 February 2013 which quantified terminal benefits in favour of the respondents. The quantification emanated from an earlier award, handed down on 2 March 2012, in terms of which the appellant was ordered to pay terminal benefits to the respondents. More
This is an appeal against the decision of an arbitrator, declining to grant condonation for the late noting of an application for rescission of judgment. More
The applicant seeks condonation for late noting of an appeal and extension of time within which to note an appeal. The State did not file a response. Despite the non-filing, l am required to consider the application on the merits. The applicant appeared before a Magistrate sitting at Kariba Magistrates Court facing a charge of fraud in contravention of s136 (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).The State alleged that the applicant sold a BMW X4 chassis number WBAXX120500X22929 with an engine number 59835070 to one Bonisani Sithole. The complainant paid US$9600. Unbeknown to the... More
This is an urgent application. This application was filed on the 6 August 2020, when this court was on vacation. On the 7th August 2020, the duty Judge then, endorsed that the matter could not be set-set down for hearing due to lack of time. It was then rolled over to the next duty Judge. On the 21 August 2020, the next duty judge endorsed that the respondent was not in attendance. She was admitted in hospital with the baby, the matter was again rolled over to the next duty Judge. On the 24 August 2020, when I started my... More
The first applicant is a subsidiary of the second applicant. Both companies are Namibian-based.
On 17 August, 2010 the first applicant and the respondents concluded a tripartite agreement in terms of which the first applicant undertook to provide the first respondent with certain software and support services to facilitate provision of free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. In terms of the agreement, the first applicant would procure, for and on behalf of the first respondent, such life cover from the second... More
On 17 August 2011 the first applicant and the respondents concluded an agreement in terms of which the first applicant undertook to license to the first respondent certain intellectual property (“The Trustco Mobile Concept”) which would facilitate the provision of the free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. An amendment was made to the agreement in January 2011. More
This is an urgent chamber application for an interim order to bar the respondents from carrying out and/or continuing their unlawful joint operation to demolish illegal structures in the Chitungwiza and Harare areas. The final order seeks a declaratur to the effect that the intended demolitions are unlawful for failure to obtain the necessary legal requirements to undertake the contemplated actions. More
The applicant seeks a decree of perpetual silence and to interdict the first respondent from instituting or prosecuting any litigation concerning a certain piece of land known as 425 Marlborough Township Extension 2 of Marlborough ‘the property’ without the leave of the court and that service in the application for leave be served by the Sheriff to the applicant’s legal practitioners of record. More
This is an application for rescission of a default judgment where the applicant prays for relief in the following terms:
“It is ordered that
1. The application be and is hereby granted.
2. The apparent delay in bringing an application for rescission of judgment in terms of the rules shall be condoned.
3. Default judgment granted by this court on 24 May 2017 in Case No. HC 1863/17 be and is hereby rescinded.
4. The respondent and its legal practitioners de bonis propris shall jointly and severally the one paying the other to be absolved pay the costs of this... More
St Micheal’sNerwande Church was established by applicant in1909. In 1910 primary students used the church building for lessons. During the liberation struggle the Rhodesia government took control of the education department of the church. In 1980 the new dispensation continued with the pre-independence status quo. Its not clear on papers as when applicant engaged the first respondent, (Makoni Rural District Council) to restore control of the school to the applicant. However the Rural District Council agreed to do so but on condition applicant had to meet certain pre-requisites provided in the Education Act. Its clear on paper that the applicant... More
The facts appear in the applicant’s papers and they are outlined as follows: Applicant owns the property and attached proof of ownership, a title deed and on that property is built Robert Mugabe House which accommodates orphans and deserted children and is administered by trustees. Respondents occupied the house as beneficiaries and at the pleasure of the applicant and the institute only accommodates beneficiaries aged between one and fourteen years. Both respondents are now majors.
Applicant contend that the respondents have become hostile towards the Institute’s trustees and employees and erected illegal structures on the piece of land without the... More
On 17 December 2018 the applicant filed an urgent chamber application seeking the following relief.
TERMS OF THE ITERINM RELIED SOUGHT
It is hereby ordered that pending the determination by this honourable court of the issues referred herein above:
1. The respondent shall allow the persons listed in the document attached to the application as “”Annexure C” who were evicted from Lot 1 of subdivision A of Somerby, Harare on 14 December 2018, to return to peaceful occupation of the land forthwith, pending the issuing of a final order in this matter;
2. The respondent, its agents, its employees and... More
