Plaintiff, Mike Belinsky, (“Belinsky”) was driving his Cherokee Jeep in the inner lane eastwards along Paisley Road towards ZBC complex in Mbare. Two lanes are on each side of this road. Beside him was a commuter omnibus belonging to Tonderayi Chipere, (“Chipere”) the defendant. There appeared ahead both of them a road block manned by officers of the Vehicle Inspection Department. Suddenly the commuter omnibus driver swung to his right colliding into Belinsky’s Jeep. Belinsky holds Chipere liable as owner of thus bus for the cost of repairs to his Jeep. Chipere denies liability on the basis that the driver... More
On 1 February 2013, I dismissed the applicant’s application for bail pending appeal. I gave ex tempore reasons for my decision. The applicant requested the written reasons for my decision. The following are my reasons. More
: On 25 October 2013 I declined to hear this application on an urgent basis and gave my brief reasons ex tempore to the legal practitioners of the parties. On 5 November 2013 I was informed by the Registrar as per the letter written by the applicant’s legal practitioners dated 5 November 2013 that the applicants have filed an appeal to the Supreme Court against my decision for refusal to hear the matter on an urgent basis. I was enjoined to provide the reasons for that decision. Here they are:- More
The appeal was noted against an arbitral award handed down on 20 September 2011.
The background facts are as follows;
The Respondent was employed by the Appellant as a Truck Driver. He was engaged from the 25 August 2010 to the 28th October 2010. It is not clear from the record the status of his employment contract. The Appellant submits he was on probation contract a point disputed by the Respondent. The Respondent submitted he was on an (oral) contract without limit of time. More
This is an application for confirmation of a provisional order issued by this court on 10 November 2011. The interim relief that was granted on that date was that:
1. The respondent shall forthwith cease any improvements on the property known as stand number 927 Forbes Road, Uplands Waterfalls Harare, and shall remove from the property, all his movable goods and effects.
2. Costs shall follow the cause.
The relief that the applicants now seek is confirmation of the terms of the final order which reads as follows: More
In this urgent application, the applicant, a gold mining concern, seeks a provisional order the interim relief of which is a stay of execution of a default judgement issued by this court, per ZHOU J, on 6 November 2013, pending the determination of a rescission of judgement application which it has filed. More
