Applicant seeks an order directing that the matter between the applicant and the first respondent in HC 1982/05 be re-opened to allow the applicant lead fresh evidence. He also seeks costs against the first respondent. More
The background to this action is as follows. Miriam MUNEMO and Faina MUNEMO were both married to Thomas Munemo. He held a lease-to-buy agreement with the City of Harare over stand 9314 Budiriro Township, Harare. They assumed his rights, title and interest over the said stand upon his death. In September 2002, the two wives “sold” their rights, title and interest in the stand to the third defendant through the agency of one Davison Shonhiwa of Southern Life Executors. A month later, in October, they “sold” their rights, title and interest to the plaintiff. All formalities were observed regarding obtaining... More
The plaintiff and defendant were married in terms of the Marriages Act [Cap 5:11] on 14 January 2005 at HARARE. Their marriage was blessed with one child born on 25 November 2008. More
This is an unopposed claim for damages. After I had heard submissions I reserved judgment in order to consider the submissions made by the Plaintiff.
The Plaintiff is a farmer by occupation. He carries on his farming operations at Subdivision 38 of Exwick Farm in Chegutu. In June 2002 the Plaintiff and the Defendant entered into an agreement in terms of which the Plaintiff was to pay to the defendant a sum of US$217 655.80 for electricity to be connected to his farm. In terms of the same agreement the Defendant was obliged to connect, and did connect, electricity to... More
This is a chamber application for leave to admit into evidence a supplementary opposing affidavit earlier filed without the leave of the court.
BACKGROUND
The background to this matter is that the respondent filed an application under HC 1130/11 to compel the applicant to transfer stand 13981 Khami Road Extension, Kelvin West, Bulawayo into its name on 3 February 2011.Following this the applicant in this application who is the respondent in HC 1130/11 filed its opposing papers followed by an answering affidavit from the first respondent. The applicant subsequently filed a supplementary opposing affidavit[hereinafter referred to as the supplementary or... More
The Applicant approached this court seeking the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Cap 28:01].
The application is opposed mainly on three grounds which were raised as points in limine. Firstly the Respondent argues that the applicant proceeded by way of chamber application instead of a court application. Secondly that the award was granted in default and the Respondent has applied for the rescission of the award. Thirdly the matter is lis pendenis.
Points in Limine More
