This case has brought to the fore the question “what constitutes a valid court order” in situations where a court order incorporates a deed of settlement. In casu the applicant seeks the setting aside of a consent order granted by this court on the 15th March 2017 following a deed of settlement entered into by the parties on the 6th March 2017. More
This is an opposed summary judgment application.
The law on the relief of summary judgment is settled.
In sum, it is to enable a plaintiff with a clear case to obtain quick judgment against a defendant who has no real defence against the claim.
The plaintiff’s claim must be unanswerable both on the facts and the law.
To successfully repel such an application, the defendant must establish that he has a good prima facie defence.
Defendant must show that there is a mere possibility of his success at the trial, that he has a plausible case or that there is... More
The applicant invoked r 348A of the High Court Rules 1971 to stop the sale in execution of a dwelling house scheduled for 16th March 2018 that was purportedly attached on the 28th of February 2018 by the second respondent acting under the instructions of the first respondent. The attached property is a piece of land situate in the district of Salisbury called Stand Number 48 Emerald Hill Township 2 of Stand 26 B Emerald Hill measuring 2002 square metres. More
After reading papers filed of record and hearing counsel in this matter, I dismissed the application that was before me with costs, and indicated that the reasons for judgment would be available in due course. These are they. The facts of this case can be summarised as follows: The applicant, Yunus Ahmed was the Director of a company known as Foldaway Investments Private Limited. The respondent, Docking Station Safaris Private Limited t/a CC Sales is a company duly registered in accordance with the laws of Zimbabwe. More
This is an appeal against part of the judgment of the Labour Court wherein the appellant was partially successful. In particular, the appellant challenges those parts of the judgment relating to the payment of school fees and fuel allowances and the allocation of personal issue motor vehicles to certain members of the respondent association. More
This is an urgent application for a temporary interdict to stop the respondent which is the trade union which represents employees of the applicant from proceeding with a collective job action pending determination of an application for a show cause order instituted by the applicant in terms of the relevant provisions of the Labour Act [Chapter 28:01]. The application is opposed by the respondent. More
