The applicant seeks the following relief as per the draft order:-
“IT IS ORDERED THAT
1. The applicant be and is hereby declared to be the lawful occupier and owner of portion of the Globe Farm measuring 142,38 hectares held under Deed of Transfer No. 224/96.
2. The offer letters issued to the 2nd, 3rd and 4th respondents by the 1st respondent be and are hereby declared to be unlawful and wrongful and accordingly set aside.
3. The 2nd, 3rd and 4th respondents are declared to be in unlawful occupation of the portion of the Glebe Farm, measuring 142,38 hectares,... More
This matter appeared before me on 18 June 2020, Ms B Rupapa appeared for the applicant whilst Messrs B Ndlovu and T Kuchenga appeared for 1st and 2nd respondents respectively. After hearing the parties on that day, the parties requested for and an order to the following effect was made by consent that;
(1) The matter be postponed to 25 June 2020 at 1000 hours.
(2) The parties are directed to file further submissions and documents, if any, refered to in the submissions.
(3) 1st respondent is directed not to bar 2nd respondent from delivering coal to applicant pending the... More
At the close of the plaintiff’s case Mr Kwenda, who appeared for the 1st defendant moved the court to grant absolution from the instance which application was strenuously opposed by Mr Majoko for the plaintiffs.
Mr Kwenda’s application was anchored on a number of factors which I must confess completely took the court by surprise especially given the nature of the joint pre-trial conference minute filed by the parties in this court on 31 May 2017.
The 1st defendant’s counsel attacked what he perceived to be the shortcomings in the pleadings filed by the plaintiffs, the alleged lack of locus... More
This is an application for the rescission of the default order under case number LC/H/ORD/611/2018 that was handed down on 20th and 27th June 2018.
The brief facts of the matter are that the Applicant was employed as a Finance Manager on the 1st of July 2017 on a fixed term contract of (1) one year (6) six months. The first two (2) months were the probation period which the employer could terminate on two weeks notice. The contract was terminated on notice just 5 weeks into the contract. Aggrieved by the decision applicant took up the matter to the... More
Applicant is a former employee of the respondent. Her contract of employment was terminated by the respondent using the standard National Employment Council SI, 15 of 2006. A designated agent attempted to register the determination with the Labour court but the Labour Court rejected the application on the basis that the respondent did not fall under the auspices of National Employment Council for Zimbabwe Schools Development Association and Committees of Zimbabwe. The applicant made another application in the Labour Court seeking among other things the setting aside of the disciplinary proceedings conducted by the respondent in terms of SI 15... More
This matter came before me as an opposed matter. I dismissed the application with costs and below are my reasons for the dismissal.
The first applicant contends that he is the son of the late Philip Mpofu. The 2nd to 4th applicants are his siblings whom he says have granted him authority to act on their behalf. Second applicant filed his own founding affidavit associating himself with the contents therein. The 3rd and 4th applicants’ Powers of Attorney granted to 1st applicant are filed of record.
The fist respondent is the estate of the late Joel Mpofu who was his... More
This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”). The application is made in terms of r 32(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
