The crucial legal issue raised in this matter is this. Can a Councillor of a rural district council who has been suspended from office in terms of s278 of the Constitution as read with s157 of the Rural District Councils Act [Chapter 29:13] as amended by s2 of the Local Government Laws Amendment Act of 2016 and the time frame for acting by the responsible Minister lapses be suspended again on the same allegations? As the record will show, the legal practitioners lost an opportunity to advance argument on this crucial jurisprudential aspect. More
On 8 May 2008 applicant filed this application seeking an order compelling the first respondent to cede his rights, title and interest in stand No. 12637 Zengeza 5, Chitungwiza into the applicant’s name and also that- fourth, fifth, sixth and seventh respondents be declared not to have any interest in Stand No. 12637 Zengeza 5, Chitungwiza More
The Appellant was employed by the Respondent as an Engineering Manager. He was charged with three counts of habitual and substantial neglect of duties. Following a full disciplinary hearing the disciplinary hearing official found him guilty and subsequently dismissed him from employment. More
This is an application made in terms of article 34 of the Model Law which is
the second Schedule to the Arbitration Act [Chapter 7:15] (hereinafter referred to simply as
the Model Law), for the setting aside of an arbitral award made by the Arbitrator on the
grounds set out by the applicant in its founding affidavit. More
The plaintiff issued summons against the 4 defendants as principal officer and agent (in respect of the first defendant) and as directors of a company known as Kettex Holdings (Pvt) Ltd, in which it sought payment of US$1 579 418 being the value of products delivered to Kettex Holdings (Pvt) Ltd for sale. More
This is an application where partiesconsented to have the matter struck off the roll. This is being asked because the record is not properly done. The record which is before the court is paginated differently from the record which the appellant has. This makes the hearing very cumbersome as some documents also appear to be missing or mixed up. This means that the matter cannot be heard in view of the status of the record of proceedings.However the respondent has asked for costs on the higher scale which application the appellant opposes. More
The applicants approached the court with a review application seeking to have the decision of the Master (5th respondent) of accepting the last Will and Testament of the late Bidoff Hollington set aside and that the Will be declared null and void. The issue that falls for determination in this review is whether the fifth respondent’s determination is in accordance with law or not. The applicant relied on two grounds of review as follows:- More
On the 15th April 2021 Harare Applicant, as a Labour Officer, issued a ruling. She ordered 1st Respondent (employer) to reinstate 2nd Respondent (employee) or pay her damages in lieu of reinstatement. Apparently the employer did not comply. Applicant then applied to this Court in terms of section 93(5a) of the Labour Act Chapter 28:01 for the confirmation of her ruling.The employee supported the application whilst the employer opposed it. More
The parties in this matter are divorced. It was a term of a consent Paper that a property known as Unit 14 Dainfem 16 Extension, Gauteng, South Africa be sold on or before 31 December 2017 and all the net proceeds thereof accrue to the applicant. The parties agreed that; More
On 5 October, 2017 after reading documents filed of record and hearing counsel I gave an order in favour of the applicant. The written reasons for my disposition are laid out herein. More
The two applicants who are being charged of the Criminal Law (Codification Reform) Act [Cap 9:23] approached the court through the legal practitioner of record on as application for bail pending trial. The state opposed the application. Both counsel for the applicants and respondents in addition to the written submissions orally addressed the court. More
The defendant filed an exception to the plaintiff’s claim as set out in the summons. It did so on the basis that the summons: did not disclose a cause of action; was vague and embarrassing as it failed to show the nature of the agreement that founded the claim; did not conform to the mandatory Commercial Court Rules. Further, the defendant also claimed that on two occasions, the plaintiff filed defective summons in the Magistrates Court which he withdrew and tendered wasted costs. The costs were not paid. The defendant implored the court to uphold the exception and dismiss the... More
The applicant seeks the following order:
“1. The order of this Honourable Court dated 2nd June 2015 under Case Number 448/14 is hereby varied to read judgment is hereby entered in favour of the plaintiff for the sum of US$16 000.00.
2. Respondent shall pay costs of suit.”
The application is opposed by the respondent. More
This is an Urgent Chamber Application for a provisional order whose interim relief sought is stated as follows,
“INTERIM RELIEF GRANTED
Pending the determination of this matter applicant is hereby granted the following relief; More
On 9 March 2021 Never Nyakale, Lucia Nyakale and Portia Nyakale (plaintiffs) sued out a summons in case HC 69/21 against Wisdom Chitura and Helen Maureen Mushore (defendants) seeking a declaratory order that: the agreement between Mushore and Chitura be declared to be of no force and effect on the grounds that it was illegal and invalid; and that Chitura be evicted from the property known as U28 Mzilikazi, Bulawayo (“the disputed property”). More
