This is an application for condonation of late filing of a rescission of judgment application. Default judgment was entered against the applicant employee on 9 October 2019 when he failed to attend court to prosecute his appeal. The condonation application is opposed by the employer whose view is that the applications lacks merit. The test for condonation of judgment is set out in Jansen v Acavalos 1993 (1) ZLR 216(S). More
The defendant was in default at the scheduled pre-trial conference held on 10 March, 2020. The Deputy Sheriff’s return of service of the notice of set down on the defendant of pre-trial conference was filed of record on 4 March, 2020. The return of service is advice No. 180686. It shows that service of the notice of set down was effected on 4 March 2020 at the offices of Mutandiro Chitsanga and Chitima legal practitioners for the defendant at 13:58 hours on Sheila Danda who accepted service thereof. The service address was 3 St Quintin Avenue, Eastlea, Harare. The pre-trial... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 18th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 23rd of June 2021. The application is opposed by the 1st and 2nd respondents. 3rd and 4th respondents did not file opposing papers and did not participate in this hearing. I understand their position to be that they are content to abide by the order of this court, whatever it is. Applicant seeks an order couched in the following... More
The Magistrates Court sitting at Chitungwiza ordered the 3rd respondent to deliver to the appellant, an embroidery machine which has become the central issue in this matter. This was after the appellant had filed a court application against the 3rd respondent seeking delivery of the machine on the basis of a loan of US$4200 that the 3rd respondent had borrowed but failed to repay. The 1st respondent laid claim to the machine stating by way of an affidavit that it was hers having purchased it from the 3rd respondent resulting in the 2nd respondent causing the issuance of interpleader summons... More
KABASA J: This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“The 1st, 2nd and 3rd respondents jointly and severally, the one doing the others to be absolved, be and are ordered to forthwith upon service of this order on them, surrender immediate control of the premises known as No. 1A Dunlop Road, Belmont, Bulawayo to the applicant and pursuant thereto to remove all its locks, chains and other impediments placed or installed at the premises and to thereafter allow applicant undisturbed control and occupation of the premises.” More
In this civil trial the plaintiff seeks specific performance. Plaintiff claims delivery of three Toyota Hilux motor vehicles (2.5 double cab manual 4x4.) In the event of failure to deliver the motor vehicles, the plaintiff seek an order authorizing the Sheriff to recover the said motor vehicles from the defendant and hand over the same to the plaintiff. More
This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment by the Staff Disciplinary Committee (Disciplinary Committee).
The brief facts of the matter are that the appellant was employed by the respondent as a driver. In the course of his duties, he drove the respondent’s staff bus on 28 June 2020. It is alleged that about 120 litres of diesel was siphoned from the bus during the period the appellant had custody of the bus. As a consequence, the appellant was charged with misconduct, under the respondent’s code of... More
