This is a hybrid court application for rescission in terms of order 49 r 449 and joinder of a party to proceedings. The applicants seek to rescind two default judgments HC 2972/17 and HC 11246/17 and joinder of the first respondent to case HC 12074/16. More
The applicant brought a composite application in terms of r59 (1) as read with r27 and r29 (1) (a) of the High Court Rules, 2021 and alternatively common law seeking the following relief:
Condonation for non- compliance with the Rules and extension of time within which to file a court application for rescission of default judgment, and
Rescission of a default judgment granted by this Honourable Court under Case No. HC 2972/17. More
On 21 September 2017, the applicant appeared before the first respondent facing allegations of failing to comply with a disclosure order issued by the Director of Financial Intelligence Unit of the Reserve Bank of Zimbabwe in violation of section 18 (3) as read with section 11 and 13 of the Bank Use Promotion Act [Chapter 24:24].
Basically, the allegations were that the applicant had failed to submit certain returns to the Reserve Bank of Zimbabwe from the 25th of June 2016 to 13 June 2017.
In its defence to the charge the applicant took the position that it was complying... More
This is an application for the confirmation of a Provisional Order granted by this Honourable Court on the 16th May 2016 whose order read as follows-
“IT IS ORDERED THAT:
1. The Applicant, BURCO ZIMBABWE (PRIVATE) LIMITED is provisionally wound up, pending the grant of an order in terms of paragraph 3 or the discharge of this order. More
This is an appeal against the decision of the learned magistrate in the court aquo in terms of which the said magistrate ordered inter alia, that the appellant cedes the late Phineas Mpofu’s rights, interest and title in stand number 761 Kuwadzana 1 Harare, to the respondent. The respondent applied for leave to execute the judgment which leave was granted. The appellant appealed against both the judgment and the order to grant leave to execute. It is the appeal against that judgment which this appeal is concerned with. The appellant’s grounds of appeal are that the magistrate had erred in... More
This judgement only addressed the 2 points in limine which were taken by the respondent employer in an appeal at the instance of the appellant employee. This follows a labour dispute pitting the 2 and which saw them appearing before the National Hearing Committee whose decision is now meant to be decided on appeal in the labour court.
The 2 points taken are that invalid grounds of appeal have been raised and that the relief sought is not clear. In the result the employer prays that the appeal be struck off the roll with costs on account of it being... More
This is an application wherein the following interim relief is sought
“1. Applicant be and is hereby declared to be the President of 9th respondent.
2. 1st -8th respondents be and are hereby interdicted from holding themselves out as members and/or offices of the 9th respondent.
3. 1st -6th and 8th respondents be and are hereby interdicted from holding themselves out as and performing functions of acting president, trustee, General Secretary, National organizing secretary, National Youth Chairperson, National Women’s’ Committee Chairperson and Chairperson Harare Branch of 9th respondent respectively.
4. 1st- 8th respondent be and are hereby interdicted from implementing... More
TAKUVA J: This is an application for summary judgment in favour of the applicants and against the respondents in the following terms:
“1. The 2nd and 3rd respondents and all those claiming occupation through them be and are hereby ordered to vacate the property known as subdivision H of Lot 11 of Montegomery situate in the District of Bulawayo also known as number 11Seynor Road, Montgomery, Bulawayo.
2. The 2nd and 3rd respondents beand are hereby ordered to pay holdover damages in the sum of US$300,00 permonth with effect from 1 December 2018 to date of ejectment from the property.... More
This is a court application for leave to execute pending appeal. The order sought is in the following terms:-
“1. The applicants be and are hereby granted leave to execute the judgment of this court granted on 14th July 2022 for the ejectment of 1st and 2nd respondents and all those claiming ownership through them from number 11 Seymour Road, Montgomery, Bulawayo, pending the hearing and determination of the appeal filed under case number SCB 77-22.
2. The respondents shall pay the costs of suit on an attorney and client scale.”
The application is opposed by the respondents who argue... More
: On 03 September 2021 plaintiff issued summons against defendant for a cause of action that arose from an agreement of sale entered into by the parties on 21 September 2018 for the sale of machinery and equipment. More
This was an application for bail pending trial. The facts were poorly presented. Despite several sittings; despite several supplements to the bail statement and despite several supplements to the bail response, it remained unclear what exactly had transpired. Only after some blow by blow account in less formal proceedings in Chambers did I finally grasp what had transpired before and after the applicants’ arrest. More
Respondent was employed by appellant as a tool-setter. He is alleged to have influenced other employees to proceed on a “go slow”. A machine broke down and it was attributed to respondent’s actions. He was brought before a Disciplinary Committee which recommended his dismissal. An appeal to the Works Council met with a similar fate. Respondent further appealed to the industry’s General Engineering Code of Conduct Appeals Sub Committee (hereinafter the GEC) which found in his favour and ordered his reinstatement. More
