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The parties in this matter happen to be workmates and neighbours at a vending market place. According to the pre-trial conference minute as well as the opening addresses by counsel, there is one issue to be decided. Ms Busayi for the plaintiff addressed the court that plaintiff would lead evidence regarding the damages that he suffered as a result of an accident negligently caused by the defendant. She saidthese included future medical expenses as well as damages for pain and suffering loss of earning capacity and loss of amenities of life Mr Mlalazi for the defendant stated that defendant will... More

The background is common cause and it is that sometime in 2011 this court quantified amounts due to the applicant as damages for unlawful loss of employment with the Respondent. More

This is an application for confirmation of a ruling made by the Applicant in his capacity as Designated Agent for the National Employment Council for Welfare and Educational Institutions on (hereafter referred to as NEC) (date). The application is premised on Section 93(5a) (b) of the Labour Act [Cap 28:01] as amended by the Labour Amendment Act No. 5 of 2015. The Application is opposed by 1st Respondent and partially supported by the 2nd Respondent. More

This is an application titled; “Urgent Chamber Application for stay of Execution.” – wherein the applicants sought the following relief that; 4. “The execution of the Provisional Order obtained by the 1st, 2nd and 3rd respondents under case number HC 2974/18 be and is hereby stayed.” On the confirmation date the applicants sought the following order that; 1. ‘The interim relief granted be and is hereby confirmed as final. 2. The 1st, 2nd and 3rd respondents be and are hereby permanently interdicted from executing on the Provisional Order under HC 2974/18 pending the finalization of the proceedings under HC 980/18... More

On 21st July 2017 the plaintiff bought a freightliner truck horse registration number ADS 1496 from the defendant and an agreement of sale was concluded between the parties. The agreement was reduced to writing. About a year later, on 17th July 2018 the plaintiff again bought a triaxle semi-trailer registration number ADS 9648 from the defendant and the agreement of sale was also reduced to writing. With any acquisition of valuable assets which involve the transfer of ownership, such transfer marks the conclusion of the buyer – seller relationship, with each one discharging their respective obligations. More

In this appeal both parties raised points in limine. The parties had suggested that they could argue the points in limine as well as the merits. I objected to that and pointed out that the law requires that points in limine be disposed of first or else what is the point in raising them. Theparties’ suggestion was probably in keeping with the apparent lack of seriousness in the way these points in limine were dealt with in arguments as well as the lethargic manner in attempting to bring closure to this case. The present appeal arose from a hearing following... More

The applicant was employed by the Respondent when allegations for alleged acts of misconduct were brought against him. The employer had alleged that the applicant had endorsed wrong figures to reflect stocks brought back by the driver when the actual stock was less. The figures were shown, after a physical countto be less than what the applicant had endorsed. The applicant was found guilty and dismissed. The Works Council upheld the dismissal. More