the applicant’s legal practitioners wrote to the registrar of this court. They requested written reasons for my decision. These are they:
The applicant premised its application on a lease which it claimed it signed with the third respondent. The lease, it alleged, was to endure from 17 July 2019 to 31 June 2024. It stated that it leased Duncombe Fuel Filling Station (“the property”) from the third respondent. The lease excluded the Bulk Fuel Reservoir, according to it. It moved me to:
(i) declare it to be the lawful lessee and occupier of the property;
(ii) interdict the first and... More
This is a review referred to the High Court in terms of Order 32 r 5 (3) as read with r 5 (5) of the Magistrates Court (Civil) Rules 1980. According to the magistrate the issue for determination is presented as follows - When a magistrate has granted costs on an attorney-client scale, is the taxing officer allowed to use tariffs as provided in General Tariff of fees for Legal Practitioners 2011 which allows for higher remuneration in comparison to party and party scale or whether and when is the General Tariff of Fees for Legal Practitioners 2011 applicable to... More
This is an appeal against the determination of an Appeals Officer appointed by the respondent in terms of s 8 of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006. The Appeals Officer upheld the decision of the Hearing Officer, who found the appellant guilty of misconduct and imposed a penalty of dismissal. More
This is an appeal from the Magistrates Court sitting at Mwenezi. The respondent made an application for a “Peace Order” and interdict. The application was opposed. The court a quo found for the respondent and made the following order:-
“Application for interdict is hereby granted as follows-
1. Respondents are hereby ordered not to disrupt meetings called by applicants pursuant to her duties as village head.
2. No order as to costs.” More
Applicant filed in this court an application for rescission in terms of section 92C of the Labour Act Chapter 28:01 hereafter called “the Act”. Respondent opposed the application. The order in question was issued by Judge Hove on the 28th April 2021. The order reads as follows,
“The application for condonation and reinstatement of case LC/H/LRA/25/90being unopposed be and is hereby granted.” (The underlying is for emphasis.) Applicant’s case is that the order was issued in error. The error being that the matter was infact opposed. The Applicant referred to its opposing papers and Heads of Argument which had been... More
This is a Court Application for contempt of court, in particular the High Court Order issued against the respondents by JUSTICE FOROMA, sitting at Harare on the 18th December 2019 under HC 8736/19. This application for civil contempt is based on the fact that the actions and conduct of the respondents are both willful and mala fide in their refusal or failure to comply with an order of this court. More
This is an appeal against the manner in which the appellant and the respondent parted ways. Before the hearing commenced the court inquired of the appellant’s counsel on what decision was being appealed. Counsel for the appellant advised the court that it was the decision of the hearing officer which was being appealed. The decision (dated 2 December 2020) reads and I quote: More
