On 5 October 2021, the applicant filed an application for condonation of the late noting of an appeal under case number SC 362/21. The application was served on the second and third respondents on that date and on the fourth respondent on 7 October 2021. It is common cause that the certificates of service were only filed on 12 October 2021.
Despite the filing of the proof of service on 12 October 2021, by a letter date-stamped 21 October 2021, the Registrar notified the applicant that in terms of r 39 (2) of the Rules, the application under SC 362/21... More
This is an application by a Labour officer. It is for the confirmation of the officer’s draft ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act, Chapter 28:01 (hereafter the Act). The application is opposed by the first respondent and supported by the second respondent in favour of whom the draft ruling is. More
In May 2011 plaintiff issued summons against defendant claiming US $52 000-00 damages for pain and suffering, loss of amenities of life, permanent disability and future medical expenses which damages he suffered as a result of a motor vehicle accident which he alleges was caused by defendant’s negligence.
Defendant entered appearance to defend and filed his plea and a counterclaim. In the counterclaim defendant is claiming damages from plaintiff for the repairs he effected to his motor vehicle, the damages having arisen as a result of plaintiff’s negligence.
The matter proceeded to pretrial conference stage and finally a date of... More
Two issues are the subject of this review. These are:-
(1) Whether a referral to the company executive was unlawful and
(2) Whether or not the court can order reinstatement. More
This is an application in terms of r 59 of the Rules of this Honourable Court, 2021 for the confirmation of cancellation of an agreement of sale entered into by applicant and the first respondent over Stand Number 1258 GoodHope Township of Lot 16 of Goodhope Harare measuring 2000 square metres on 12 April 2018. The material terms of the Agreement of Sale were that the full purchase price in terms of clause 1 of the said agreement was US$45 000 which was to be paid in instalments with the initial deposit of US$30 000 being paid within five days... More
The applicant seeks an order that is constituted by a declaration with an accompanying interdict and costs of suit. The content of the applicant’s draft order reads as follows:“WHEREUPON after reading documents filed of record and hearing counsel:
IT IS ORDERED THAT
1. The Agreement of Sale entered into between the 1st, the 2nd and 3rd Respondents in respect of the sale of stand No. 1263 Goodhope Township Harare, measuring 1 950 square metres dated 4th of August 2020 be and is hereby held to be unlawful, wrongful and accordingly set aside.
2. The 1st, 2nd and 3rd Respondents be... More
1. This is an application for bail pending trial. The applicant is charged with the crime of contravening section 82(1) of the Statutory Instrument 362 of 1990 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14] “Unlawful possession of ivory.” It being alleged that on the 4thJune 2022 the applicant in the company of an accomplice who is at large was found in possession of unmarked ivory. More