This is an application for condonation of late filing of an appeal by Chidhuza (the applicant).
The requirements which an applicant has to satisfy in such applications have been clearly stated in numerous cases. These are:-
- The degree of non-compliance;
- The explanation for the non-compliance;
- The importance of the case
- The prospects of success in the main matter;
- Interest in the finality of the case;
- The convenience to the Court and respondent. More
The plaintiffs are the owners of a commercial property situated at 101 Robert Mugabe Way, Bulawayo. On 30th September 2011 the plaintiffs entered into a lease agreement with the defendant. The defendant was to lease the property for a period of one year, commencing on 1 October 2011 and expiring on 30 September 2012.
Clause 4 of the lease agreement provided that unless the tenant gave notice to vacate the premises upon the expiry of the lease, the lease would be deemed to be renewed from the date of expiry on the same terms and conditions subject to two calendar... More
On 3 February, 2020 after hearing arguments from counsel I dismissed the application for bail pending trial by the applicants. I gave my detailed reasons ex tempore on that day. More
The phrase “the Magistrates’ Court is a creature of statute”has almost become a cliché in discourse on the hierarchy and jurisdiction of courts. The same holds true for the expression “the powers of the Magistrates Court are located within the four corners of the statute creating it”. These expressions aptly capture the fact that unlike the High Court which enjoys inherent (unlimited) jurisdiction (save in instances where such jurisdiction is otherwise ousted or limited by an Act of Parliament) the powers of the Magistrate Court are only to be exercised within the parameters of the Magistrates Court Act, [Chapter 7:10](or... More
This is an application by a designated agent. It is an application for the confirmation of the designated agent’s ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). The application is by default, not opposed by the first respondent who is the employer. More
This is an appeal purportedly brought in terms of section 361 of the Mines and Minerals Act, [Chapter 21:05] ("the act") against the refusal of the 1st respondent (the Mining Commissioner) to grant the appellant a certificate of registration under an ordinary prospecting licence. More
This matter was placed before me on the unopposed Motion Court on the 24th September 2020. Plaintiff sued out a summons out of this court claiming damages for injuries he sustained in the hands of the 1st and 2nd defendants. Defendants were served with plaintiff’s summons and did not enter an appearance to defend in terms of rule 48 of the High Court Rules, 1971 (Rules). In consequence of failing to enter an appearance to defend, defendants were barred by operation of rule 50 of the Rules. Plaintiff applied for default judgment.Order 9 rule 60 of the Rules permits the... More
