This is an application for leave to execute pending appeal. The application is made pursuant to a judgment I granted with costs in favour of the applicant on 11 May 2020 under judgment number HB 63/20 and case number HC 1776/19. The applicant had sought an order declaring the directive of the 2nd respondent halting the applicant’s and 1st respondent’s mining operations on a certain contested claim to be invalid, which application I granted, ordering the applicant to resume mining operations. The 1st respondent appealed against the judgment, effectively suspending its execution. The applicant seeks leave of this court to... More
This is an application for a declaratory made in terms of section 14 of the High Court Act (Chapter 9:06). The applicant seeks to nullify the decision made by the 1st respondent on 27th January 2018. The nature of the relief sought in the draft order is in the following terms:
“It is ordered that;
1. The order issued by the 1st respondent on 17th January 2018 be and is hereby declared unlawful and invalid.
2. The applicant be and is hereby allowed to rescind mining operations at Clifton 15 Mine.
3. The respondent be and is hereby ordered t... More
The appellant appeared before a Regional Magistrate sitting at Gweru facing three counts. The first count is contempt of court as defined in section 182(1) (2) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The second and third counts are attempted murder as defined in section 189 as read with section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count the learned Regional Magistrate found the appellant guilty and imposed a fine of $300 or in default of payment 3 months imprisonment. In counts 2 and 3 appellant was found guilty... More
This is an application for condonation of late filing an application for review. In order for an application of this nature to succeed, the application must show:
a. the extent of the delay
b. a reasonable explanation for the delay.
c. prospects of success should the matter go on review.
See ChigovanyikavDairiboard Zimbabwe Ltd & Anor SC 121/04
And as far as review matters before this court are concerned, they should satisfy the requirements of section 92 EE, of the Labour Act [Chapter 28:01] (the Act). The section provides that the grounds on which a matter is brought on review... More
This is an application for leave to execute the judgment of this court in Rose Natalie Heuer v Lugania Investments (Pvt) Ltd and Others HB 84-20 handed down by MABHIKWA J on 21st May 2020 pending an appeal noted with the Supreme Court.
The applicant contends that the appeal noted by 1st respondent was filed without the bona fide intention of testing the correctness of the judgment but was noted for the sole purpose of buying time to enable 1st respondent to continue having its mining equipment at the applicant’s mining claims at Empress Mine in defiance of an extant... More
The judgement was prepared in 2017. It was not handed down. I extend my sincere apologies to the parties for the delay. This is an appeal against on arbitral award handed down by Honourable S. Mugumbi on the 3rd of December, 2015. The operative part of which reads as follows;
“I therefore accordingly, dismiss the claims in toto. All claims must fail.
This will be my award”
The material background facts are as follows;
The Appellants were all employed by the Respondent in various capacities. They were all engaged on the basis of open-ended contracts i.e. contracts without the limit... More
This is an appeal against the whole judgment of the High Court handed down on 20 February 2019 which granted summary judgment in favour of the respondent for the eviction of the appellant, and all those claiming occupation through her, from stand no 3437 Highfield Township, Harare (“the property”) after dismissing the appellant’s application for condonation of the late filing of heads of arguments in opposition to the summary judgment application. More
