The plaintiffs’ substantive claim is for an order of ejectment of the second defendant from a certain house in Southerton, a middle density suburb south of Harare. The full description of that property is: a certain piece of land situate in the District of Salisbury, called Stand 8540 Salisbury Township of Salisbury Township Lands, measuring 612 m2, otherwise known as 32 Peall Road, Southerton, Harare. Ancillary to this claim is another directing the first defendant to grant the plaintiffs vacant possession of the property. Holding over damages at the rate of $300 per month from April 2010 to the date... More
This is an application for confirmation of a draft ruling handed down by the Applicant on the 8th July, 2016. The application is premised on the provisions in Section 93 (5a) (b) of the Labour Act [Cap 28:01] (the Act). More
DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 16 January 2021. The application was placed before me and I directed that the copy of the application be served on the respondents. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. The application is opposed by 1st respondent.
In this urgent chamber application, the applicant seeks a provisional order drawn in the terms:- More
MOYO J: This is an application for leave to execute pending appeal. It is trite that in such an application at the centre of the determination are the prospects of success on appeal. The 1st respondent raised 2 points in limine,that is non-disclosure of actual facts and dirty hands. However, it is the view of this court that such information was not relevant to the dispute at hand, it being whether or not applicant should be allowed leave to execute an order of this court pending appeal. It is my considered view that in this application, applicant did not have... More
TAKUVA J: This is an urgent chamber application for leave to execute the judgment in case number HC 24/21 handed down by MOYO J on the 3rd of March 2021 pending the appeal filed in the Supreme Court by the 1st respondent under cover of case number SCB-09-21. More
: Rule 236 (4)(b) of the Rules of this Honourable Court provides that “where the applicant has filed an answering affidavit in response to the Respondent’s opposing affidavit but has not, within a month thereafter, set the matter down for hearing, the respondent, on notice to the applicant may either… make a chamber application to dismiss the matter for want of prosecution, and the judge may order the matter to be dismissed with costs or make such other order on such terms as he thinks fit.” Pursuant to the provisions of the above rule the applicant filed the present application... More
After hearing argument from both parties, I delivered judgment extempore, dismissing the application. This is the full judgement.
Before the court is an application for condonation of late noting of an appeal and late filing of an application for review. More
