This is an appeal against the whole judgment and order handed down by a Magistrate sitting at Nyanga on 8 October 2020 where the court a quo granted an order in favour of the respondent interdicting appellant from gaining entrance into Claremont Secondary School premises, constructing a fireguard within and around the said school and barring appellant from erecting a fence around and within the respondent school More
We heard this appeal on 9 July 2020 and struck it off the roll with costs in an ex-tempore judgment. We hereby furnish the written judgment as requested. More
The basis of this application is set out in detail in the affidavit deposed by one Phillip Chiyangwa. He is the director and alter ego of the first applicant. He avers that on first applicant’s behalf, he applied to first respondent for the purchase and development of 526 hectares of virgin land in Chegutu. It was intended to develop the land into residential stands.
In September 2001 first respondent’s council deliberated on the subject matter of the sale of 526 hectares. It approved the application by first applicant and notified it accordingly. He was, as chairman of first applicant, invited... More
After hearing appellant’s legal practitioner on the issue of Respondent’s failure to attend court for this appeal hearing, I directed that the hearing proceeds in terms of Rule 37 (b) of this court’s Rules, Statutory Instrument 150 of 2017. More
The third and fourth defendants filed an exception to the plaintiff’s claim on the grounds that the summons were defective and that the cause of action pleaded was incomplete. The third and fourth defendants sought the dismissal of the plaintiff’s claim with costs on that basis. The exception was opposed. More
This is an appeal against the dismissal of Appellant from the Respondent’s employ. Before the appeal could be argued, a preliminary issue was raised on behalf of the respondent. The issue raised is that grounds of appeal 1 to 6 and 8 do not raise points of law. It was submitted on behalf of the respondent that these grounds are not properly before the court. The respondent also submitted that there has not been an allegation that there was a misdirection on the part of respondent. Authorities were cited in support of this submission. More
This is an application for the condonation of late filing of a review application. Background to the matter is that the applicant employee approached a labour officer in a labour dispute pitting him and the 1st respondent employer. The proceedings before the labour officer culminated into a ruling which was taken before the labour court and confirmed on 8 March 2018. The employee now seeks to have the labor officer before the proceedings reviewed citing what styles irregularities besetting the process which led to the decision which was confirmed on 8 March 2018. The employer is opposed to the condonation... More
