This is an appeal in terms of section 65 of the Income Tax Act, ( ITA) where on 3 March 2020 the parties agreed that the main issues for determination would be the following:
“1. Whether or not the respondent failed to give reasons for reassessing the appellant thus rendering the assessment unlawful.
2. Whether or not there was any fraud, misrepresentation or willful non- disclosure of facts entitling the Respondent to reassess the Appellant for the years 2010 and 2011 after the expiry of the six (6) year prescription period?
3. Whether or not General Notice 274 of 2010... More
This is an appeal against the whole judgment of the Labour Court upholding the National Employment Council- Tobacco Grievance and Disciplinary Committee’s (‘NEC GDC Committee’) finding that the appellant tacitly renewed the respondents’ contracts of employment. More
On 13 August 2021 I dismissed ex tempore, an application for bail pending trial filed on behalf of the applicant on the basis that there was a high risk of abscondment. I have been requested for reasons. These are they. More
This matter was placed before me as an urgent application in which the applicant sought the following relief:-
TERMS OF FINAL ORDER SOUGHT
1. The 1st respondent is in contempt of court for refusing for the applicant (sic) to provide medical aid for the two minor children namely; Sean Tinashe Kasu (born on 31 January 2011) and David Panashe Kasu (born 18 March 2013) and for withholding consent for the minor children to be migrated from her medical aid scheme to the applicant’s medical aid scheme.
2. The 1st respondent to be committed to prison for a three months sentence... More
The applicant approached this court on an urgent basis seeking Provisional Order for stay of execution of judgment. The order sought by the applicant reads as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
(a) The Warrant for Ejectment against the applicant be and is hereby stayed pending the hearing of applicant’s application for Rescission of Judgment under case number HC 7304-21.
(b) First Respondent is ordered to pay costs of suit.
TERMS OF INTERIM RELIEF GRANTED
Pending the hearing of the... More
This is an application for the reinstatement of a matter after the matter was previously struck off. It was struck off because the founding affidavit was defective. The applicant said that they had corrected the affidavit and were therefore applying for reinstatement of the matter. The first respondent opposed the application on the ground that this was a wrong procedure because the matter that the applicant was seeking to have reinstated was declared a nullity hence the striking off. Being a nullity that meant that there was nothing to reinstate. The correct procedure was to apply for condonation in order... More
