On 4 September 2013, this matter was on the unopposed roll for motion court. The applicant appeared in person. There was no appearance by any of the respondents. Incourt I raised three concerns with the applicant:what really was the nature of the application as the papers before me were incoherent and seemed to disclose no cause of action?Who were all those parties cited as respondents as none of them had properly been described in the application? And had service been properly effected on the respondents since from the applicant’s affidavits of service it appeared that the documents had simply been... More
This is an application for bail pending appeal. The brief facts are that the applicant was arraigned before the Magistrates Court on a charge of assault as defined in s 89 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant pleaded guilty to the charge and was sentenced to twelve months imprisonment, of which four months were conditionally suspended. The applicant noted an appeal against conviction and sentence.Pending the determination of the appeal, the applicant applied for bail on the following grounds; More
This is an application for summary judgment. The applicant seeks the eviction of the respondent and all those claiming occupation through him from a portion of its land known as Sub-division 1 of TeneriffeKinvarra,Zvimba District [hereafter referred to as the property]. More
This is an application for the uplifting of the automatic bar. The applicant had failed to enter an appearance to defend respondent’s summons whichhad claimed payment of an amount of US64 000-00 as damages for breach of contract. The summons had been served on applicant’s sales man, one MisheckSande [Sande]. Sande is said to have passed on the summons to the receptionist. The receptionist was notmentioned. There was no information on what the receptionist had done with the summons. More
By judgement dated 18th September 2006 referenced LC/H/177/06 this Court ordered Respondent to either reinstate Applicant’s employment or pay him damages in lieu of reinstatement. On 20th January 2010 Applicant filed this application for assessment of damages. After a number of glitches, Applicant finally filed a breakdownof his claim at the end of last year. The claim was denominated in United States dollars (USD). More
This is an application for stay of criminal proceedings instituted against the applicants pending the determination of a review application that has been filed with this court. More
This is an application in terms of Section 93 (7) (b) (ii) of the Labour Act [Chapter 28:01], wherein applicant’s claim is for payment of outstanding wages and benefits in terms of the contract the parties entered into. More
