This is an opposed chamber application in terms of r 43 of the Supreme Court Rules 2018, for condonation and extension of time within which to note an appeal. More
MUSAKWA JA: This is an opposed chamber application for condonation for non-compliance with the Supreme Court Rules, 2018 and for extension of time in which to appeal made in terms of r 43. The intended appeal is against a judgment of the High Court handed down on 17 February 2021 upholding the respondent’s application for a compelling order. More
The applicant is a company that carries mining operations in Zimbabwe. The first respondent is an administrative authority established in terms of the Revenue Act [Chapter 23:11] tasked with the administration and collection of revenues due in terms of various statutes that it is obliged to enforce. Pursuant to its duties the first respondent issued garnishee notices against the applicant’s banker, Stanbic Bank Zimbabwe which is cited as the second respondent in this matter. One garnishee notice is for the remittal of the sum of USD 24,076,521.04 from the applicant’s account to the first respondent. More
The respondent was an employee of the appellant and she resigned by giving 7 days’ notice instead of the requisite 3 months’ notice as per s 12 (4) (a) of the Labour Act [Chapter 28:01]. She proceeded to do a handover takeover procedure. The employer then demanded payment of $1 402-25 being amount due to it in lieu of the 3 months’ notice which respondent failed to serve. The respondent admitted liability by way of an email which appears on record as exh 5, she again reiterated her willingness to pay in another email dated 10 June 2014 which stands... More
The applicant was the defendant in case no. HC 3982/12 and the respondent was the plaintiff. Case no. HC 3982/12 is a summons or action matter in which the applicant was sued for various sums of money in damages allegedly caused by the applicant to the respondent’s property which he rented in terms of a lease agreement. In addition to damages, the applicant was also sued for outstanding rentals and bills, interest and costs on the higher scale of legal practitioner and client. The total sum claimed from the applicant was put at US$12 122.17. My own addition of the... More
The second applicant is the managing director of the first respondent. The first respondent is a duly incorporated company in terms of the laws of Zimbabwe.
The first respondent is also a duly incorporated company in terms of the Laws of Zimbabwe. More
The applicant has approached this court on a certificate of urgency seeking the following relief:-
“TERMS OF 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 the second respondent(s) be and are hereby ordered to release the applicant’s files and records. More
The plaintiff issued summons claiming the following.
“(i) payment of the sum of US$119 300-00 being the remaining balance of the agreed purchase price for one x 20 Tonne Hyundai Excavator, sold and delivered by the plaintiff to the defendant, at its specific instance and request.
(ii) Interest at the prescribed rate calculated from the date of delivery being 19th of June 2014 to the date of full payment.
(iii) Costs of suit on a legal practitioner and client scale.” More
This is an appeal and cross appeal against the quantum of damages in lieu of reinstatement awarded to the Respondent (Jonathan) by the Arbitrator.
The salient facts are as follows, Jonathan was employed by the Appellant (UDCORP) as a Manager in the Department of Development and Technical Services. He was charged and dismissed on charges of misconduct. He referred the matter to a Labour Officer for conciliation which failed. The matter was thereafter referred for compulsory arbitration. The Arbitrator made a finding that Jonathan had been unfairly dismissed More
The applicant was the first respondent’s tenant at number 5 Albion House, 74 Harare. She was evicted from the premises without being given 48 hours notice as provided by r 4A (1) of Order 26 of the Magistrate’s Court (Rules 1980). She seeks an order of this court reinstating her into the premises pending the hearing of her application for the condonation of her late noting of an appeal against the decision of the magistrate on the strength of which the first respondent evicted her from the property. More
This is an application for stay of execution following the granting of a default judgment against the applicant in case number HC9990/14 which relates to interpleader proceedings. More
This is a bail application pending trial. The applicant is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 18 August 2023 at 2200 hours the applicant in the company of accomplices who still at large, armed with one unidentified firearm, knobkerries, axes, a hammer and a machete attacked the complainant, disarmed him of his revolver gun loaded with three rounds. And forcibly took his identity card, NSSA card, CBZ bank debit card, Itel cellphone, and loaded stolen gold ore into... More
This is an opposed application for a declaratur wherein the applicant seeks an order in the following terms:-
“IT IS DECLARED AND ORDERED AS FOLLOWS:
1. All assets acquired whether jointly or separately by the applicant and his deceased wife the late Susan Von Ahn (nee Hlongwane) who died at Harare on 15 January 2010 shall be amassed into one joint estate.
2. Within thirty (30) days from the date of this order, or such longer period not exceeding thirty (30) days as the third respondent may allow, the first respondent shall file with the third respondent an inventory of... More
This matter has a long history. I write this judgment in order to set the record straight in the light of the fact that the respondents are now self-actors who may intend to continue to fight their cause as evidenced by their continued writing of letters a determination which was already made as will become apparent later.
The first, second and third respondents are erstwhile employees of the applicant. The parties are embroiled in a labour dispute that resulted in the dispute being referred for determination by arbitration. The history of the dispute was set out in detail in the... More
