This is an application for the uplifting of the automatic bar. The applicant had failed to enter an appearance to defend respondent’s summons whichhad claimed payment of an amount of US64 000-00 as damages for breach of contract. The summons had been served on applicant’s sales man, one MisheckSande [Sande]. Sande is said to have passed on the summons to the receptionist. The receptionist was notmentioned. There was no information on what the receptionist had done with the summons. More
DUBE-BANDA J: In this court application, applicant seeks an order to have a caveat registered against the title of Plot 17 and 18 of Greenvale, Bickford, Umsungwe Block, Gweru (Plot 17 and Plot 18), and costs against 1st and 2nd respondent on a legal practitioner and client scale. The application is opposed by the 1st respondent. 2nd respondent filed a consent to judgment. 3rd respondent did not participate in these proceedings, and I take the view that it has taken a position that it shall abide by the order this court. For ease of reference, the parties shall, where the... More
By judgement dated 18th September 2006 referenced LC/H/177/06 this Court ordered Respondent to either reinstate Applicant’s employment or pay him damages in lieu of reinstatement. On 20th January 2010 Applicant filed this application for assessment of damages. After a number of glitches, Applicant finally filed a breakdownof his claim at the end of last year. The claim was denominated in United States dollars (USD). More
This is an application for stay of criminal proceedings instituted against the applicants pending the determination of a review application that has been filed with this court. More
This is an application in terms of Section 93 (7) (b) (ii) of the Labour Act [Chapter 28:01], wherein applicant’s claim is for payment of outstanding wages and benefits in terms of the contract the parties entered into. More
This is an application for rescission of a judgment granted in default in a matter concerning revocation of a donation made by a parent to child. The applicant denies being in default on account of the fact that the summons were never served upon him at his last known address in accordance with the rules. More
Applicant seeks summary judgment in the following terms:
“(a) Payment of the sum of US$22 700-00 being outstanding balance in respect of fees for town planning consultancy services rendered to defendant at its specific request and instance;
(b) Interest thereon at 5% calculated from 12 September 2012 to date of payment in full;
(c) Costs of suit.” More
This is an appeal against the arbitrator’s decision where she dismissed the now appellants’ claim for gratuity in circumstances where they had accepted a pension less favourable than gratuity. Facts of the matter are that the appellant employees who worked for Mukundi plastics and Bevpak later as a going concern got to their respective retirement ages. At that stage they each received their dues upon retirement including receipt of a pension from the pension fund to which they contributed until 2008. More
This is an application for interim relief by the Applicant (“employer”) against the Respondent (“employee”) pending the hearing and conclusion of an appeal concerning the above quoted parties. More
DUBE-BANDA J:This is an appeal against the whole judgment of the Magistrate’s Court, sitting atFilabusiCourt. The appellant was charged in the court a quo together with three other persons, namely, Praymore Ncube; Christian Makoni; and Zibusiso Nkala (to whom I shall refer as Accused No 1, Accused No 2, and Accused No 3, respectively), with the crime of stock theft as defined in section 114(2)(a) (ii) of the Criminal Law [Codification and Reform] Act, Chapter 9;23. The appellant and his co-accused pleaded not guilty but were convicted as charged and each sentenced to a term of 9 years imprisonment.He appeals... More
The law on applications for bail pending appeal is fairly settled. There is plethora case law on the principles that govern applications of this nature. The case of S v Dzawo 1988 (I) ZLR 536 clearly spelt out the factors for consideration namely:
(1) Prospects of success on appeal;
(2) Likelihood of abscondment
(3) Likely delay before appeal is heard;
(4) Right of an individual to liberty. More
After listening to the submissions made by both legal practitioners what has exercised my mind is whether or not this matter is urgent.
What is apparent to me is that the parties have been in and out of this court on numerous occasion with allegations and counter allegations being thrown at each other as the parties stampeded on each other in order to obtain the court’s sympathy. More
The applicants seek a constitutional declaration as follows:
1. The Presidential Powers (Temporary Measures) Act [Chapter10:20] is hereby declared inconsistent with the Constitution of Zimbabwe and therefore invalid.
2. Alternatively,s2 (2) of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] is hereby declared null and void.
3. It is declared that consistent with section 134 (f) of the Constitution of Zimbabwe a Statutory Instrument shall not come into effect until Parliament in particular the Parliamentary Legal Committee has given and provided a certificate of Constitutional compliance.
4. The 1st respondent shall pay the costs of suit. More
This application is one for the appointment of the first applicant herein as legal guardian and sole custodian of a minor child, Samuel Chikaka (born 18 May 2008) (the minor child). The first and second applicants are husband and wife. Their marriage was solemnized under the Marriage Act on 25 August 2012. At the time of their marriage, the second applicant was already mother to the minor child, born out of wedlock. The whereabouts of the biological father are unknown. The first respondent is the first applicant’s biological mother, while the second respondent is an officer of this court. He... More
