There is a growing tendency by litigants to circumvent the law in bail applications through conduct calculated to usurp the power of this court to protect and regulate bail proceedings with the result that anarchy prevails to the detriment of the good administration of justice. Such conduct if allowed to continue has the potential of derailing the bail system and destroy its credibility. This court’s power to regulate and protect the credibility of its processes is inherent at common law and codified in s 176 of the Constitution of Zimbabwe (Amendment No 20) Act 2013. More
The applicant seeks the following relief:-
TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be confirmed in the following terms:
1. The provisional order granted on the ......................day of ......................... be and is hereby confirmed.
2. That the 1st and 2nd respondent be and hereby declared illegal miners within the coordinates, A 0792091/7731340 – B 0792090/7731138 – C 0791944/7731090 – D 0791730/7731340 cited in the attached Annexure ‘A’.
3. The 1st and 2nd respondents be and hereby evicted from a mine situated within the coordinates A 0792091/7731340 –... More
WAMAMBO J: This is an Urgent Chamber Application wherein the applicant and 1st respondents are embroiled in a tussle over a mine. It is one of the many matters that cross a Judge’s desk in this area wherein mining operations have been opened up to syndicates, conglomerates and individuals. More
The background to this matter is that the applicant, a duly registered company, in terms of the law, entered into a tribute agreement with 1st respondent over several mining claims collectively known as Empress Mine in Mashava. Upon expiry of same, they entered into an agreement of sale. The first agreement was entered into on 27 March 2017 and thereafter another was signed on 7 September 2017 which allegedly met the requirements from Ministry of Mines.
The parties have been in and out of court since 2018 around the issue of Empress Mine. In case HC5673/18, the applicant alleged breach... More
The applicant is a former employee of the respondent. The employment relationship between the two parties was severed in March 2018. The applicant claimed arrear salaries and certain entitlements from the respondent. The claim was unhonoured leading to the referral of the dispute to a Labour Officer who found in favour of the applicant. The applicant approached the Labour Court for the confirmation of the Labour Officer’s ruling. On 6 December 2019, the Labour Court made the following award:
“1. The application for confirmation of the draft ruling be and is hereby granted.
2. The draft ruling of SABILIKA MAXWELL... More
In June 2020 judgement was entered in favour of the 1st respondent in the sum of US $ 70 000 and 134 977.92 pounds under case number HC 8500/19 (hereinafter referred to as the court order). The applicant has not appealed the decision. When the amounts were not paid and the 1st respondent desired to have the debt satisfied it sued out a writ of execution. The 2nd respondent attached and sold the applicant’s property to give effect to the writ in foreign currency. The applicant objected to the execution to recover the foreign currency equivalent to the 2nd respondent... More
HLATSHWAYO JA: This is an appeal against the whole judgment of the Fiscal Appeal Courthanded down on 1 November 2016 under judgment number HH 661/16 of case number FA 08/14, in terms of which the court handed down judgment in favour of the respondent.
The appellant seeks relief in the following terms:
WHEREFORE Appellant prays that the appeal be allowed with costs and that the order of the court a quo be set aside and substituted with the following:-
"The appeal be and is hereby allowed as prayed" More
