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This is an application for rescission of judgment. At the outset, and to avoid confusion it is important to state that this application is in terms of rule 63(1) of the High Court Rules, 1971. It is important to state this because the heading of this application is framed thus: court application for the rescission of judgment in terms of rule 449(1) (a) as read with rule 63(1) of the High Court Rules, 1971. Respondents objected to this approach on the basis that an application for rescission cannot be anchored on both rules 63 and 449. At the commencement of... More

The applicant approached this court on an urgent basis seeking the relief for the return of motor vehicles based on the principles of spoliation order or vindicatory action. The applicant’s relief was couched in the following way: “1. The 1st up to 199th respondents shall:- 1.1 In respect of unloaded and empty vehicles constituting horses and trailers belonging to the applicant which are in their possession forthwith return such vehicles to the applicant’s premises at No. 116 Dagenham Road, Willowvale, Harare upon the service of this order on the 200threspondent or their legal practitioners. 1.2 In respect of loaded vehicles... More

This matter was filed under a certificate of urgency with this court on the 25th July 2022. The parties appeared before me on the 3rd of August 2022 to argue the matter. The applicant seeks an order in the following terms: “Interim relief sought 1. It is hereby ordered that the applicant be allowed occupation, use and access to a mine registered under certificate of registration number 30223 registered on 5 October 2015, in the name of Silobela Community Development Trust in respect of a mine named Turtle 54. 2. The 4threspondent with all those who act through him on... More

This is an application for condonation for late filing an application for review. It is opposed. At the commencement of the proceedings the Court drew the applicant’s attention to the terms of the draft order. More

At the hearing of this matter, first to third respondents raised points in limine which are the subject of this judgment. More

On 10 October 2022, the applicant filed this urgent chamber application in which it seeks interim relief that is set out in the draft provisional order as follows: “TERMS OF FINAL ORDER SOUGHT: That you show cause to the Honourable Court why a final order should not be made on the following terms:- 1. (a) That 1st and 2nd Respondents together with anybody acting for and on behalf of the Respondents be and are hereby interdicted from interfering in any way, directly or indirectly with the Applicant’s occupation, business operations and rights based on the Deed of Settlement and Lease... More

The respondent is a university constituted as a body corporate in terms of the Chinhoyi University of Technology Act [Chapter 25:23] (hereinafter called the CUT Act). The appellant was employed by the respondent as a secretary in the Graduate Business School Department from April 2012 to October 2018. Allegations of misconduct were levelled against her for contravening s 4(a) of the Labour (National Employment Code of Conduct) Regulations SI 15/2006 (hereinafter called the National Code of Conduct). It was alleged that between 5 and 15 September 2018 she misplaced sensitive documents, being student dissertation assessment forms and the blue sheet... More