This is an urgent chamber application for an interdict. The relief sought by the applicant is couched in the following terms:
“Interim relief sought
(a) That the 1st respondent, his assignees or employees be and are hereby interdicted from carrying out any mining activities on Don Juan 46 situate in Zhombe Communal Lands, Zhombe, Kwekwe.
(b) The Sheriff of Zimbabwe by the powers vested in his office with the assistance of members of the Zimbabwe Republic Police be authorized to enforce clauses of the order in the event of non-compliance with the court order.
Terms of final order sought
(a)... More
The undisputed facts of this matter are that on the 31st January 2014, the Sheriff of Zimbabwe conducted a public auction for the sale of Stand 105 Emerald Hill Township 2 of Stand 26B Emerald Hill Township measuring 2050 square metres held under Deed of Transfer 4370/96 commonly known as Stand 105 Goodall Close, Emerald Hill, Harare. The sale was conducted in terms of the rules of this Honourable Court and was pursuant to a court order obtained by Ordecco (Pvt) Ltd against one David Govere under case number HC 9257/12 and judgment number HH-179/13. At the public auction Applicant... More
This matter came before me as an urgent chamber application wherein the applicants seek urgent relief as couched below:
“FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
1) The first and second respondents are hereby interdicted from proceeding with any form of construction work at Glaudina and Kuwadzana Extension junction using a draft plan TPY/WR/1/24 until General Plan CT 2670 [SR 28532] is set aside.
2) The Draft layout plan TPY/WR/1/24 be and is hereby declared to be in direct conflict with General Plan 2670/... More
This is an application for condonation of late filing of heads of argument and upliftment of bar. Applicant filed an application for review on the 28 August 2013. On the same date, the First Respondent was called upon to file a Notice of Response in Form LC2. First Respondent, who was a self actor then, proceeded to file a Notice of Opposition on the 6th of September 2013. More
This is an application for condonation of late filing and extension of time within which to file an application for leave to appeal to the Supreme Court against a judgment of this court handed down on 18 September 2015. In terms of Rule 36 of S.I. 59/06, an application for leave to appeal to the Supreme Court is to be made within 30 days from the date of the decision sought to be appealed against. Applicant avers that he only became aware of the judgment on 15 December 2015. The present application was filed on 17 December 2015. More
The record of this matter was placed before me in chambers for consideration. It is an application for interim relief purportedly made in terms of section 92 E subsection (3) of the Labour Act [Cap 28:01]. More
This present matter is a dispute over the origins hence ownership of a consignment of Lithium ore seized by police on the 8th of May 2023. The applicant and 1st respondent are both duly registered companies and are both into lithium ore mining. In addition, the 1st respondent claims that it also sources lithium ore from small scale miners. The facts of this matter are fairly straight forward and for the most part common cause. On 5 May 2023 the applicant got wind from the police that some lithium ore suspected to have been extracted from its mine was in... More
DUBE J: This is an application for contempt of court. The 3rd Respondent did not file any Notice of Opposition. 5th Respondent being cited nominee officio also did not file any opposition, meaning they choose to abide by the outcome whichever way. The 4th Respondent filed a consent to the prayer being sought by the Applicant. More
The applicant seeks leave to be allowed to amend its pleadings in HC 187/19. The applicant is the first defendant in that matter and the 1st respondent is the plaintiff. Before filing this application the applicant sought the consent of the 1st respondent to no avail. More
This is an opposed urgent chamber application for interlocutory relief pending the disposition of the appeal in SC 269/21, in terms of r 39 (1) as read with r 73 of the Supreme Court Rules, 2018 as further read with r 244 of the High Court Rules, 1971. The appeal goes to the root of proceedings pending before the first respondent, a Regional Magistrate. In short the applicants are seeking an order staying proceedings before the first respondent, pending finalisation of the appeal under SC 269/21. On 10 November 2021, I gave an order staying the proceedings. The reasons for... More
At the end of hearing argument for both parties the court dismissed the application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
This is an appeal against the decision of the Appeals Authority of respondent which confirmed a guilty verdict and dismissal in respect of Appellant. More
Respondents were in the employ of the Appellant in various capacities. The Respondents approached the Appellant with the intention of having their employment terminated on the basis
1
of ill-health. The Respondents had contracted different illnesses during the course of their employment with the Appellant. The Appellant was supposed to apply for the termination of this employment in terms of the Group Life Assurance Scheme. The provision was that where medical evidence was vailed showing that a member was permanently medically incapable of performing his/her duties, that employee would be entitled to retire prior to the normal age of retirement.... More
The applicant sought an order in the following terms:
“1. That the Respondent be and is hereby directed to refund Applicant within seven days of the date of this order the sum recovered from the Applicant’s Value Added Tax refund on the 20th December 2005 (sic) of $5 450 939 769.71.
2. The Respondent shall pay interest to the Applicant on the sum recovered from the Value Added Refund (sic) on the 20th December 2005 (sic) in the sum of $5 450 939 769.71 at the prescribed rate of interest from 20 December 2005 to the date of payment in... More
