This is an application for a declaratory order. It is vigorously contested. The applicant is an expansive mining concern and a taxpayer. It is in dispute with the respondents over the correct method of computing its income tax liabilities. The dispute arises partly on account of the fact that the applicant’s income and expenditure are predominantly in foreign currency and only marginally in local currency. The parties differ on their interpretation of the law regarding the correct method of deductions from revenue of the expenditure incurred in foreign currency, and the deduction from revenue of the expenditure incurred in local... More
This application is redolent with irregularities. This, understandably, constrained the respondent to raise a number of points in limine praying for its dismissal.
The irregularities complained of, which were not fully conceded by the applicant, are these:
1. the application does not comply with R 227(3) in that when it was filed, it did not contain a draft of the order sought; More
Applicant has applied for an urgent stay of execution of a default judgment granted against it and in favour of the respondent on 21 September 2022 in case No. 4496/22 pending determination of applicant’s application for the rescission of the said default judgment which applicant filed on 28 September 2022. The urgent application is made in terms of rule 60(1) of the High Court Rules 2021 and is opposed by the respondent. Applicant became aware of the default judgment the subject of the application for a stay of execution on receipt on 27 September 2022 of a letter from respondent’s... More
This is an appeal against a decision rendered by a magistrate which compelled the appellant to release unconditionally, a vehicle it had impounded from the respondent with each party bearing its own costs.
The brief facts giving rise to this matter are that on the 25th of April 2020, members of FERET team who were patrolling along the Limpopo river area intercepted the respondent’s vehicle which was loaded with unaccustomed goods. It was alleged that the vehicle in question was being driven by the respondent who produced his identification document with number 43- 162579 W 43. The smuggled goods were... More
This is an appeal against the judgment of the Magistrates Court sitting at Beitbridge in case number CIV BTB 90/21 handed down on 10 January, 2022. More
In November 2021 there was a deluge of chamber applications to this court for the registration of determinations or awards issued by designated agents employed by the National Employment Council for Rural District Councils [RDC]. In all of them, the applicant was the Zimbabwe Rural District Council Workers’ Union, a trade union. The first and second respondents would respectively be the particular rural district council concerned and the respective designated agent who would have issued the determination. Except for the names of the RDCs; the names of the designated agents, and the amounts of the awards, the applications were identical... More
This is an application for a declaratur, in terms of which the applicant seeks the following order:
1. The application for a declaratur be and hereby succeeds.
2. It be and is hereby declared that the respondent’s claims for payment against the applicant, which claims are based on the architectural designs and works that were carried out and submitted by the respondent to the applicant in the year 2007, arising from, out of and in connection with the agreement that was entered into by and between the applicant and respondent on or about 24 March 2006, have been extinguished by... More
