This is an application for condonation of the late noting of an appeal. The Applicant wishes to appeal against a determination made by the Public Service Commission – 2nd Respondent on 12 January 2011 turning down his application for review of the decision made by 1st Respondent. More
This urgent chamber application was initially set down for the 10th of October and I heard the parties on the points in limine, reserved my ruling and thereafter dismissed the points raised with a notification that reasons would follow. I give my very brief reasons for dismissing the points in limine.
Points In Limine
The first point raised is that this matter is not urgent as the sale was concluded in January 2022 and nothing was done to challenge the sale even in June 2022 when applicant’s counsel represented the tenants when they were evicted. Such proceedings are said to... More
This is an application for the setting aside of irregular proceedings in terms of s 43(1) of the High Court Rules, 2021. The applicant is the plaintiff whilst the first to the fourth respondents (hereinafter called the respondents) are the first to fourth defendants in the main cause between the parties in HC 5524/2021. In that matter, the respondents in response to the applicant’s summons filed an exception, a special plea and a plea to the merits all at once. It is the applicant’s averment that the respondents failed to comply with the peremptory provisions of rule 43(2) and rule... More
This application was placed before me as one for summary judgment in terms of R30 of the High Court Rules, 2021. On the 13th of October 2022 after hearing the parties, I gave judgment ex tempore. I have been requested for reasons and these are they. Although there is reference to applicant and respondents, in my view, the correct reference is plaintiff and defendant given that it is an application for summary judgment. More
I must acknowledge the inordinate delay in rendering this judgment. The delay was due to misfiling of records by the judge’s legal clerk. Indeed by letter dated 27 September 2017, the applicant’s legal practitioners wrote a letter to follow-up on the judgment. More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal.These are they.
Applicant is facing a charge of raping his employee. Applicant is alleged to have raped the complainant who was employed as a housemaid. After the rape the complainant sent a text message to her mother and reported to the police. Applicant was arrested. He indicated that he was employed by the Ministry of Health and Child Care as a Male Circumcision Mobilizer at Nyadire Mission Hospital, Mutoko. He was placed on remand and on 26 August, 2022, an application... More
The applicant seeks a review of the decision of the second respondent denying the applicant leave to sue the first respondent which is under administration. The applicant is in the business of hiring out earth moving equipment. In the conduct of its business it hired out its equipment to the first respondent. The first respondent was subsequently placed under reconstruction in terms of the Reconstruction of State Indebted Insolvent Companies Act (the Act). The second respondent was appointed as administrator of the first respondent. More
