This application was initially filed at the Harare High Court on the 9th June 2020. The parties appeared before KWENDA J who issued the following order:
“It is ordered that:
1. The Registrar shall immediately transfer this matter to be heard at the Bulawayo High Court.
2. No order as to costs for this postponement.” More
The appellant who was interdicted from harvesting any produce in the respondent’s plantation located in Hamudikuwanda village Headman Mandeya, lodged an appeal against the decision of the court a quo. The interdict was in relation to a communal homestead and banana plantation thereto. The matter which was initially placed before the court a quo as an application was procedurally converted to a fully fledged trial on basis of existence of material disputes of facts. After hearing evidence the court a quo ordered the following:
“a. the respondent or anyone operating through him be and are hearby interdicted from using, harvesting... More
After reading documents filed of record and hearing submissions by the appellant who was a self actor and the respondent’s counsel we dismissed the appeal with costs. An indication was made that the reasons would be availed. Here they are.
This is an appeal against the whole judgment of the Provincial Magistrate sitting at Gweru Magistrates’ Court which dismissed appellant’s application for condonation for the late filing of his application for default judgment of 26 may 2015. More
This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. Mr Sibanda, for the plaintiff, applied for the striking-off of the defendant’s defence as well as his counter-claim. He applied that the matter be referred to the unopposed court roll for the purposes of entering judgment as claimed by the plaintiff against the defendant. The basis of this application by the plaintiff is that defendant has no defence on the merits of the case, and that his counter claim has no prospects of success. Mr Sibanda referred... More
This is an application for condonation of late filing of a notice of response by David Whitehead Textiles Limited (Applicant) in respect of an application between 1st Respondent, applicant and 2nd, 3rd, 4th respondents case LC/H/LRA/33/19.
Rule 15 sub rule (6) of this Court’s Rules, Statutory Instrument 150 of 2017 obliges a respondent to file a response to an application within 10 (ten) days of receiving the application. More
This is an appeal against the whole judgment of the Labour Court, dated 3 April 2019, setting aside the dismissal of the respondent by the appellant. The facts giving rise to the appeal are largely common cause. More
This is an application forleave to appeal from this court decision handed down on 20th December 2019.
The Applicant having filed its heads of argument out of time and,being, as a consequence of the operation of Rule 26 of the Rules of Court,technically barred, the Applicant filed an application for the upliftment of the bar. The application was opposed by the Respondent. More
