This is an appeal in terms of section 65 of the Income Tax Act, ( ITA) where on 10 October 2018 the parties agreed that the main issues for determination would be the following:
“1. Whether or not the separate mining operations under the Appellant’s portfolio were inseparable and substantially interdependent, such that capital allowances in respect of the different mines should have been allowed under one tax return for each tax year period.
2. In the event of a finding being made that the issuance of separate income tax assessments for each mining unit was proper, whether or not... More
DUBE-BANDA J: This is an urgent application. This application was filed in this court on 12 March 2021. The application was placed before me and, without hearing the parties, I directed that “this application is not urgent and it is accordingly removed from the roll of urgent matters.” Subsequent to my directive, applicant’s legal practitioners addressed a letter to the Registrar, the letter is worded as follows: More
This is an appeal against the determination of the Designated Agent for the National Employment Council for the Mining Industry, issued on 16 March 2021. The determination dismissed the appellant’s claims relating to unfair dismissal, notice pay, overtime allowance, underground allowance, night shift allowance, cellphone and airtime allowance.
The brief facts of the matter are that the appellant was employed by the respondent as a Shift Boss. He was so employed on the basis of fixed term contracts of employment, from August 2016 to August 2018.
The Designated Agent found that the appellant’s fixed term contracts ran their full course,... More
On 27 May 2020 plaintiff issued summons against defendants seeking relief, which appears ex facie the summons as follows:
a) A compelling order for the transfer of rights for the transfer of rights, interest and title of a certain piece of land called stand number 410, Lot 2A,Bluffhill Township, Harare measuring about 1000m2 held under Deed of Transfer number 0003088/98 from the 1st and 2nd Defendant into Plaintiff’s name with the 3rd Defendant being authorized to sign all necessary documents on behalf of the 1st and 2nd Defendant in the event of failure or default to sign, thereafter the 4th... More
Applicant seeks a declaratur and an order of specific performance as against 1st and 2nd respondents in respect of certain shares held by the two in a family company called Wintersgrace (Private) Limited. The relief sought is amply set out in the draft order as follows:
“IT IS ORDERED THAT:
1. The application is hereby granted with costs on the scale of legal practitioner and client.
2. It is declared that applicant duly and lawfully exercised his right of first refusal in respect of the shares held by respondents in Wintersgrace (Private) Limited on the terms of the agreement signed... More
Michelle Osvaldo Filannino (“Michelle”) who holds 70% share in Harare Produce Sales (Pvt) Ltd (“HPS or “the Company”) and Theresa Grimmel (“Theresa”), the judicial manager of the company, have been at each other’s throats for over three consecutive years. The dispute which exists between them started in 2018 to date.
He applies for removal of Theresa from the position of judicial manager of the company. She opposes his application and she applies for liquidation of the company. He opposes her application and he applies for placement of a caveat on the tittle deed of the property which must be transferred... More
The defendant has entered a special plea of prescription.
The facts of the matter are as follows:-
On 9 June 1997 plaintiff and defendant entered into an agreement for plaintiff to lease Stand 4334 Westview Industrial Area, Masvingo on condition that he built buildings to the value of not less than $192 675.00 (Zimbabwean dollars) (Clause 4). The lease was for a period of one year and 6 months, from 1 June 1997 (Clause 1). More
