When the applicant files what he or she terms “application for condonation of late noting of appeal” that description of the application suggests that the applicant has noted an appeal late and applies that the late filing should be condoned. The position is that no valid appeal can be noted with such late noting being condoned by application made after the late noting of the appeal. In practice, this description of applications by applicants who are time barred from noting an appeal has somehow come to be accepted as the correct description of such applications. In my view an application... More
This is an appeal against the decision of the Appeals officer who upheld the decision of the Hearing Officer to dismiss the appellant from employment.
The brief facts of the matter are that appellant was employed by the Respondent as a Section Manager. He was charged for contravening section 4 (a) of the Labour (National Employment Code of Conduct) Regulations SI 15 of 2006. It was alleged that he swiped customers’ groceries using his own bank card and pocketed cash in United States Dollars that the customers would have brought to the Supermarket intending to pay for their purchases. By... More
CHITAKUNYE AJA: This is an opposed chamber application for condonation of non-compliance with the Supreme Court Rules, 2018 and for extension of time within which to appeal. Though at the outset the applicant did not state the rule that was not complied with and the rule under which this application is brought, it is apparent from the founding papers that the rule not complied with is r 38(1)(a) and the application is in terms of r 43(1) of the aforesaid rules. The intended appeal is against a judgment of the High Court handed down on 29 October 2020 upholding special... More
MAKARAU JA: On 19 September 2018, the High Court sitting at Hararedismissed with costs on a legal practitioner and client scale, an application by the appellant for leave to sue the respondent, a banking corporation in liquidation.This is an appeal against that order.
Background
The dispute between the parties arises from a loan transaction.In 2011, the appellant borrowed the sum of US$3 875 000.00 from the respondent. By 2012, the loan had ballooned to US$5 789 262.00 resulting in the parties concluding a written agreement to restructure the loan. Thereafter the appellant made certain payments towards the restructured loan.
In... More
Darwendale 1730 DI Edition 2, held at the office of the Surveyor-General, Harare. The land being Darwendale North Farm bounded on the North by Abercorn on the east by Greenside ranch, on the south and south west by Darwendale A and Darwendale South and on the north-west by Maryland. A 10 kilometre radius from and around 3 referenced points is inclusive with grid points 389, 559, 395, 528, 434, 483, 369, 398, 408, 399, 364, 371, 368, 365 and more clearly indicated by a plan which may be inspected free of charge at the office of the Secretary of Defence,... More
The applicant seeks an order setting aside an award rendered by the second respondent. The arbitral award was rendered following a dispute arising from the implementation of an agreement for the sale of shares between applicant and first respondent. Second respondent was the appointed arbitrator. Applicant and the first respondent are both mining entities of high repute. The application was made in terms of Article 34 (2)(ii) of the Model Law to the Arbitration Act. The arbitral award is impugned on the basis that it offends the public policy of Zimbabwe. More
CHITAKUNYE AJA: This is an opposed court application for rescission of a judgment handed down by this Court on 4October 2019 under case number SC 116/18 as judgment number SC 76/19. The application is made in terms of r 73 of the Supreme Court Rules, 2018 as read with r 449 of the High Court Rules, 1971 More
