This is a court application filed for the removal of the first respondent as liquidator of Willdale Transport Services (Private) limited (Willtrans) together with an interdict against 1st Respondent holding a Special Meeting of the Creditors then set for 20 May 2020 to ratify his decision to sell Willtrans’ assets, or in the alternative, a declaration that the Special Meeting was a nullity and setting aside any resolution which may be passed authorizing or ratifying the sale, and consequently, the sale of the assets having been done unlawfully, the same should be set aside. Finally, the Applicant seeks a mandamus,... More
DUBE-BANDA J: In this court application, applicant seeks an order to have a caveat registered against the title of Plot 17 and 18 of Greenvale, Bickford, Umsungwe Block, Gweru (Plot 17 and Plot 18), and costs against 1st and 2nd respondent on a legal practitioner and client scale. The application is opposed by the 1st respondent. 2nd respondent filed a consent to judgment. 3rd respondent did not participate in these proceedings, and I take the view that it has taken a position that it shall abide by the order this court. For ease of reference, the parties shall, where the... More
DUBE-BANDA J:This is an appeal against the whole judgment of the Magistrate’s Court, sitting atFilabusiCourt. The appellant was charged in the court a quo together with three other persons, namely, Praymore Ncube; Christian Makoni; and Zibusiso Nkala (to whom I shall refer as Accused No 1, Accused No 2, and Accused No 3, respectively), with the crime of stock theft as defined in section 114(2)(a) (ii) of the Criminal Law [Codification and Reform] Act, Chapter 9;23. The appellant and his co-accused pleaded not guilty but were convicted as charged and each sentenced to a term of 9 years imprisonment.He appeals... More
The crucial legal issue raised in this matter is this. Can a Councillor of a rural district council who has been suspended from office in terms of s278 of the Constitution as read with s157 of the Rural District Councils Act [Chapter 29:13] as amended by s2 of the Local Government Laws Amendment Act of 2016 and the time frame for acting by the responsible Minister lapses be suspended again on the same allegations? As the record will show, the legal practitioners lost an opportunity to advance argument on this crucial jurisprudential aspect. More
This is an application where partiesconsented to have the matter struck off the roll. This is being asked because the record is not properly done. The record which is before the court is paginated differently from the record which the appellant has. This makes the hearing very cumbersome as some documents also appear to be missing or mixed up. This means that the matter cannot be heard in view of the status of the record of proceedings.However the respondent has asked for costs on the higher scale which application the appellant opposes. More
On the 15th April 2021 Harare Applicant, as a Labour Officer, issued a ruling. She ordered 1st Respondent (employer) to reinstate 2nd Respondent (employee) or pay her damages in lieu of reinstatement. Apparently the employer did not comply. Applicant then applied to this Court in terms of section 93(5a) of the Labour Act Chapter 28:01 for the confirmation of her ruling.The employee supported the application whilst the employer opposed it. More
The defendant filed an exception to the plaintiff’s claim as set out in the summons. It did so on the basis that the summons: did not disclose a cause of action; was vague and embarrassing as it failed to show the nature of the agreement that founded the claim; did not conform to the mandatory Commercial Court Rules. Further, the defendant also claimed that on two occasions, the plaintiff filed defective summons in the Magistrates Court which he withdrew and tendered wasted costs. The costs were not paid. The defendant implored the court to uphold the exception and dismiss the... More
