This is an application made in terms of section 92(C)(1)(C) of the Labour Act [Chapter 28:01].
The applicant seeks to have this court rescind an order it made on 10 May 2016 striking the matter off the Roll. About 3 months after the matter had been struck off the roll the applicant wrote to the Registrar expressing surprise that the matter had been struck off the Roll when they had requested that the matter be set down some 14 months earlier. More
DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 21st September 2021. It was placed before me on the 22nd September 2021 and I directed that it be served on the respondent together with a notice of set down for the 28th September 2021. The application is opposed by the respondent. Applicant seeks an order couched in the following terms: More
KABASA J: On 6th June 2017 the plaintiff issued summons against the defendant in which he claimed the payment of $59 400 being money owed following the rescission of sale of a piece of land.
The genesis of the claim was elaborated in the plaintiff’s declaration. I must say the declaration was a little confusing as it stated that the plaintiff had sold a piece of land to the defendant and the defendant owed the plaintiff $59 400 inclusive of legal costs for the purchase of this piece of land. More
This is an application for rescission of two default judgments granted in favour of the respondent in case numbers HC11700/16 and HC 11701/16 respectively on 24 April, 2017 against the applicants jointly and severally the one paying the other to be absolved for payment of the sums of US$1 232 672 and US$2 070 908.03. The judgments ordered payment of interest and costs on the amounts of the judgment. Further, in case number HC 11700/16 an immovable property called stand 896 Glen Lorne Township of 23 Lot BC Kambanyi held under Deed of Transfer number 492/2009 by one Rodney Ndangariro... More
Pursuant to an application for contempt of court made in terms of r 388 of the then High Court Rules, 1971, this court granted the order below on the 11th of June 2021.
1. The respondent be and is hereby held to be in contempt of paragraph 2 of the order granted by this Honourable Court in case number HC 3454/17.
2. The respondent be and is hereby committed to gaol for a period of thirty days, or until such time as he has complied with paragraph 2 of the court order in Case Number HC 3454/17.
3. The Sheriff... More
On 25 March 2020 respondent approached the Magistrate court with an ex parte application for a peace order and interdict. In his founding affidavit applicant contended that he was authorised to stay at Fairhelme Farm known as Sendekera Farm by the then Resident Minister for Manicaland Mandiitawepi Chimene after paying US$25 000. The respondent had been trying to forcefully evict him. In 2017 appellant instituted proceedings under case No. 2225/17 as well as HC 691/18 and HC 164/18 but later on withdrew the summons. The government had indicated that both Mandiitawepi Chimene and a company formed by her had no... More
On 30 June 2021, the applicant’s legal practitioner made an application for removal of this matter from the roll. The basis was that the applicant was ill disposed. The respondent’s legal practitioner was not opposed to the application. It is trite that removal of a matter from the role is at the discretion of the court. I have noted over the years that often times matters are removed from the roll without any clear reasons or no reasons at all being endorsed on the file. It becomes difficult for a different judge upon whom the matter is then placed to... More
