This was an urgent chamber application for a stay of execution. It had no merit. It was an abuse of the court process. I dismissed it soon after the hearing but deferred the final disposal of the matter as the parties, upon my prompting, felt they could agree finer points and file an order by consent. They needed a day or two to do this. They never did. On the second day the first respondent’s legal practitioners filed a letter saying the parties had failed to reach a settlement and that therefore I should proceed to make my decision. More
This is an application for the setting aside of an Arbitral Award that was handed down by the first respondent which Arbitral Award is dated the 7th of August 2017 and was only availed to the applicant’s legal practitioners on 12 September 2017. The application is based on the applicant’s view that the afore-said award offends the public policy of Zimbabwe.
It is settled law that an arbitral award ought to be set aside if its enforcement would offend the public policy of the land. See ZESA v Maphosa 1999 (2) ZLR 452 at p 466 where it was held... More
The two applicants lodged this application to compel the first respondent to supply the applicants with further and better particulars to enable the applicants to plead to some of the first respondent’s particulars of claim. The second to the twelfth respondents were cited in these proceedings for purposes of just informing them of the steps that have been taken since they are the applicants’ co-defendants in the matter under Case Number HC 10679/16.
The facts are that the applicants and the second and twelfth respondents were jointly and severally sued by the first respondent for the payment of the sum... More
:I dealt with this application on 25 July, 2018. I delivered an ex tempore judgment in which l dismissed it with costs. I indicated that my reasons for the decision would follow. These are they:
The judgment creditor which is the third respondent in casu is a group of former employees of Central Estates (Pvt) Ltd, the judgment debtor. It successfully sued the judgment debtor for arrear salaries or wages which are to the tune of $228 945. It did so through arbitration. More
At the hearing of the above appeal, despite having been duly served with a notice setting the matter down, there was no appearance on behalf of the respondent. The appellant successfully applied that the respondent be held to be in default and duly barred but that the matter be determined on its merits. More
At all relevant times Turnall Holdings [“Turnall”] was a distributor of asbestos sheets. At all relevant times the appellant, then 55 years old, now 57, was employed as a dispatch controller and stationed at its Bulawayo depot. At all relevant times the complainant, Major Family Savings Group, was one of Turnall’s trading customers. More
