This is an appeal against the decision of the High Court, wherein the High Court dismissed the appellant’s application for an order in terms of s 4 of the Administrative Justice Act [Chapter 10:28]. Before finalization of the matter the court drew the parties’ attention to a potentially significant point of law not addressed on the papers or in submissions, viz., the implications to the appeal of s 7(2)(c)(i) of the Securities Act [Chapter 24:25] and to file any supplementary submissions they may wish to make on the point by 14 March 2016. Mr Mpofu, for the appellant filed supplementary... More
This is a chamber application in terms of r 20 of the Constitutional Court Rules, 2016 (“the Rules”) for an order for reinstatement of a matter deemed to have been abandoned and dismissed by the Registrar of the Constitutional Court (“the Registrar”). The matter had come to the Constitutional Court (“the Court”) by way of a referral in terms of s 175(4) of the Constitution. More
The plaintiff in this matter instituted proceedings against the defendants and prayed for the following;
“a) Payment of Special damages in the sum of US$10 000, (Ten Thousand United States Dollars) being legal costs incurred by the plaintiff in defending themselves as a result of a malicious and false accusation by the defendant that caused the arrest and subsequent trial of the plaintiffs.
b) Payment of the sum of US$90 000.00 (Ninety Thousand United States Dollars) being general damages for humiliation, loss of reputation and good name, and subsequent economic loss as a result of the defendant’s malicious and wrongful... More
On 26 October 2018 Applicant,qua Designated Agent, made a ruling. He ordered 1st Respondent (employer) to pay 2nd to 10th Respondents (employees) various amounts of money in respect of salary arrears & allowances. Apparently the employer did not comply with the ruling. Applicant then applied to this Court in terms of Section 93 (5a) of the Labour Act Chapter 28:01 for the confirmation of his ruling. The employer opposed the application. The employees supported the application. At the onset of oral argument in this Court the employer raised 3 points inlimine. More
This is an appeal against the decision of the Magistrate’s Court Bulawayo given on the 17th of July 2018. The appellant raises 4 grounds on this appeal namely that:-1. The court a quo grossly erred and misdirected itself in finding that improper pressure was exerted on the respondent into signing the acknowledgement of debt.
2. The court a quo further erred and grossly misdirected itself in holding that the audit process conducted by PNA Chartered Accountants shambolic and could not be relied upon.
3. The court a quo further erred and grossly misdirected itself in failing to find and uphold... More
This is an appeal against the judgment of the High Court granting absolution from the instance in respect of appellant’s claim against the respondents. At the hearing of the matter before the court a quo, the claim against the first respondent was withdrawn, as the company no longer existed, leaving only the second respondent as the defendant being sued. For some unexplained reason, both defendants have continued to be cited as respondents on appeal. More
This court is presently in the process of hearing plaintiff’s evidence in this trial. Three witnesses of the defendant have testified and concluded their testimonies, and have been excused as witnesses by this court. At this stage, Advocate Goba, counsel for the plaintiff, informed the court that plaintiff intends to lead evidence from two more witnesses. Before the fourth witness was called in to testify, I was informed that defendants had an application to make. It turned out that it is an application for amendment and defendants now wish to amend their plea by inserting a new defence to the... More
