This is an application for reinstatement of a matter. This is a result of the matter having deemed abandoned by the Registrar because of Applicant’s non-compliance of the Labour Court Rules, 2017. More
Following submissions by the two legal practitioners I am enjoined to determine the aspect of urgency in this matter before considering the application on merits. This case has a well documented history dating back to December 2009, spilling over to 2010 and 2011. It is clear that the applicant fully appreciated the need to challenge the legislation on royalties from the time the figures were amended from 2,5% to 3,5 in 2009, and to 5% in 2010. More
On 22 July 2015 this Court granted an order in which it allowed respondent’s appeal in accordance with Rule 22 of the Labour Court Rules 2006, (Statutory Instrument 59 of 2006). Applicant has applied for rescission of that judgment. Respondent has raised a point in limine stating that appellant is disabled from making such application due to the nature of the judgment granted. Mr Gama submitted that when the parties appeared before the Court, applicant’s Counsel applied to the Court for condonation for late filing of the Response and the Court did not grant the application and proceeded to deal... More
This is an appeal against the judgment of the High Court (the court a quo) wherein it dismissed an application for a declaratory order sought by the appellant. More
: On the 4th of June 2021, I gave an order ex tempore as follows.
1. The application be and is hereby granted.
2. The respondent and all those claiming occupation through him be and is hereby ordered to vacate the property called Lot 2736 Core House Turf, Ngezi within seven (7) days of the date of being served with the order.
3. In the event that the respondent fails or refuses to vacate as aforesaid, the Sheriff or his lawful Deputy be and is hereby empowered to evict the respondent and those claiming title through him from Lot 2736... More
The applicant seeks an order for the eviction of the respondent and all those claiming occupation through him from a property known as number 24200 Umvovo, Chegutu ‘the property’. More
: The applicant Zimbabwe Platinum Mines (Pvt) Ltd (Zimplats) is suing the Zimbabwe Revenue Authority, the first respondent (ZIMRA) which is the tax collecting agent of the Government of Zimbabwe (the Government) and the second respondent, the Commissioner-General of the first respondent (the Commissioner-General) who is conferred with the powers of supervising and managing the first respondent’s staff, activities, funds and property. The first respondent’s activities which are managed and supervised by the second respondent include the functions of collecting duties and paying refunds under the Customs and Excise Act [Chapter 23:02]. More
This is an application for a declaratory order. It is vigorously contested. The applicant is an expansive mining concern and a taxpayer. It is in dispute with the respondents over the correct method of computing its income tax liabilities. The dispute arises partly on account of the fact that the applicant’s income and expenditure are predominantly in foreign currency and only marginally in local currency. The parties differ on their interpretation of the law regarding the correct method of deductions from revenue of the expenditure incurred in foreign currency, and the deduction from revenue of the expenditure incurred in local... More
This is an appeal against the whole judgment of the Labour Court (the court a quo) wherein it upheld the respondent’s appeal and set aside the decision of the designated agent who found that the termination of the respondent’s employment by the appellant was lawful. More
The applicant sought an order evicting the respondent and all those claiming occupation through him from House No. 15 Baines Road, Victoria Falls (the property). It also sought an order for costs. More
The first respondent instituted summons action against the present applicant and the second respondent in this court seeking an order for damages in the total sum of US$65 000-00 arising out of a motor vehicle accident which occurred at the 203 km peg along the Harare-Mutare road on 15 November 2009. In that collision, the first respondent’s Toyota Hiace Commuter Omnibus was extensively damaged, after it collided with a Toyota Diana minibus driven by the second respondent, and caught fire. More
This is an application for execution pending appeal.
On 9 July 2013 I granted the following order:-
“1. Execution of the judgment in case number HC 2583/10 pending appeal be and
is hereby granted.
2. Respondent shall pay the costs of suit on a Legal Practitioner and client scale”. More
This application is redolent with irregularities. This, understandably, constrained the respondent to raise a number of points in limine praying for its dismissal.
The irregularities complained of, which were not fully conceded by the applicant, are these:
1. the application does not comply with R 227(3) in that when it was filed, it did not contain a draft of the order sought; More
The Applicant is Zimbabwe Power Company a registered company in terms of the laws of this country. The Respondents are employees of the Applicant employed in various capacities, and based at Kariba where they occupied houses belonging to the Appellant. They are in these proceedings represented by the Zimbabwe Congress of Trade Unions.
It is common cause that the Respondents were in 2001 offered the right to purchase from the Appellant (who was previously known as Zimbabwe Electricity Supply Authority) the houses which they were occupying. More
The applicant through its Business Performance Manager, one Bernard Chizengeya, filed the present application for rescission of the order granted under case HC 4169/20 dated 21 October 2020. The present application is filed in terms of rule 449 (1) (a) of the High Court Rules, 1971 (“the old Rules”). What had happened is that, sometime in August 2020, the first respondent petitioned this court on an urgent basis under HC 4169/20 for an interdict. He sought an interim order in two parts, firstly, authorizing him to resume his mining and allied operations at Special Grants 7667, 7668, and 7669. Secondly,... More
