The Applicant was employed by the second respondent. He was charged of acts of misconduct by the very second respondent, found guilty and dismissed from work. The Applicant appealed against, as well as applied for a review of, the decision before this court, citing the second respondent only. The second respondent denied jurisdiction of this court in that case. Case LC/H/1186/22 refers. Having met this hurdle the Applicant applied for joinder of the second respondent in the present case LC/H/494/23. More
This is an application for the review of disciplinary proceedings conducted in the applicant’s case on charges levelled against him by the respondent employer. More
The applicant is seeking a stay of execution of a judgment granted in default on 31 May 2010.
Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the writ of execution, notice of seizure as well as notice of removal give the second respondent’s address as stand number 20924 Unit ‘G’ extension Shopping Centre. More
A pre-trial conference is an integral component of proceedings which commence under Order 3 of the High Court Rules, 1971. It is at that conference that the parties to a case meet on their own or with the assistance of a judge to:
i. settle the case between them; or
ii.define issues and ancillary matters which the pre-trial conference judge refers to trial.
Rule 182 of the rules of this court is relevant. It makes provision for a pre-trial conference. It, in short, defines the rights and obligations of the parties to a case and the important role which a... More
The second applicant is a subsidiary of the first applicant. Both are companies with limited liability and are registered as such under the laws of Zimbabwe. They conduct business mainly in the supply of road construction materials and petroleum products. The first respondent is a duly incorporated company with limited liability under the laws of Zimbabwe and the second respondent is a director of the first respondent. He is cited herein as a surety and guarantor of the first respondent. More
Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016 seeking payment of the sum of $20 140.00 being rental arrears arising from the hire of a Plant Bell Grader in terms of a lease agreement dated the 8th of July 2015; interest at the prescribed rate of 2% per month, calculated from the 21st of October 2015 to date of full and final payment both dates inclusive and costs... More
This is an application for condonation for late noting of an application for review of a decision taken by respondent’s Appeals Authority. The determination which was handed down on 28th of September 2022 was to the effect that applicant having been found guilty of gross incompetency was consequently dismissed from employment. More
The plaintiff in this matter is the owner of a Commercial Premises called Silke House situated at the corner of 4th street and Robert Mugabe Road officially known as Stand 16920 Salisbury Township a portion of which is occupied by the defendant in terms of a lease agreement the terms of which are in dispute. More
This is an application for review in terms of s 26 of the High Court Act, [Cap7:06].
The background facts to this matter are as follows:The applicant is a mining investment company duly incorporated in terms of the laws of Zimbabwe. The applicant’s directors discovered what they believed to be a disused and abandoned mine at the site of the old Ran Mine in the district of Bindura. The site was then being worked by illegal panners. The directors then enquired with the Ministry of Mines as to the ownership and status of the mine. They were advised that the... More
This matter was placed before me as a court application for leave to institute a class action, in terms of s3 of the Class Actions Act [Chapter 8:17], the “Act”. The basis of the application is set out in the affidavit deposed to by the first applicant as confirmed and supported by the second to the fifth applicants More
This is an appeal against the decision of the Magistrates Court sitting at Chiredzi wherein it grantedan application for an interdict against the appellant in the following terms: -
“The application is hereby granted and it is hereby ordered as follows;
1. 2nd respondent whether through agents, employees or representatives are hereby ordered to stop forthwith from accessing Stand Number 4549, Chiredzi Township for purposes of any other business incidental thereto.
2. Each party to bear its own costs.” More
KABASA J: This is an Urgent Chamber Application wherein the applicant seeks the following relief:-
“1. The 2nd respondent and all persons claiming occupation through it shall remove or cause the removal of themselves and all such persons occupying the mining claim being Valentine 56 held under registration number GA 2786.
2. Failing such removal, the Sheriff of this Honourable Court be and is hereby authorised and directed to evict the 2nd respondent and all persons claiming through and under them from the mining claim being Valentine 56 held under registration number GA 2786.
3. The 3rd respondent be and... More
This is an urgent chamber application. The applicants seek a declaration of rights in respect of the land known as Lot 1 of Lot 4AB Nuanetsi Ranch A District of Masvingo. The declaratur sought in respect of its acquisition; offer letters; and the eviction order granted at the magistrate court. More
The background facts to this application are these: - The applicant is said to be the owner of a farm, known as Lot 1 of Lot 4 AB Nuanetsi Ranch A, purchased by a Mr Carl Bradfield from Mutirikwi Sugar Company Private Ltd and held under a Certified of Registered Title “CRT” 4515/2000. The farm was purchased in 1989 and the directors of the applicant and its employees have been in peaceful and undisturbed occupation thereat, carrying out farming activities. In July 2017 the 1st respondent arrived at the farm brandishing an offer letter which gave him subdivision 12 of... More
KABASA J: This is an urgent chamber application in which the applicant seeks the following relief: -
“1. The 1st respondents (sic) and all persons claiming through and under him shall remove, or cause the removal of themselves and all such persons occupying certain piece of land being subdivision 12 of Lot 15 of Nuanetsi Ranch A in Mwenezi District of Masvingo within 24 hours of the service of this order.
2. Failing such removal, the Sheriff of this Honourable Court be and is hereby authorized and directed to evict the 1st respondent and all persons claiming through and under... More
