3. This application will be better understood against the background that follows. On the 16 July 2014 in case number HC 1043/14 Shonhiwa obtained an order in the sum of US$51 000.00 against the second applicant (Blessing Zibowa). Paragraph two of the order declared that Stand number 50 Southway Road, Burnside, Bulawayo (property) be specially executable by private treaty as it was pledged as security. On the 14th June 2017 Kenny obtained an order in the amount of US$14 500.00 against both the first and second applicants, for completeness the two are husband and wife. On the 30th August 2017... More
The applicants coined their application in the heading as “Court Application for condonation of late noting of an application for rescission and rescission of a default judgment in terms of r 29 of the High Court Rules, 2021.” In para 13 of the founding affidavit, the deponent who is the first applicant averred that the application was for “condonation for late noting of an application for default judgement, upliftment of a bar for failure to file heads of argument and an application for rescission of a default judgement in terms of r 29(1)(a) of the High Court Rules 2021.” Rule... More
1. This is a court application made in terms of s 29(1)(a) of the High Court Rules, 2021.
2. The remedy sought is rescission of part of the order granted by this court on 12 April 2022 in the matter of Prosecutor General v Roselyn Dunga, Locadia Chimukosi, Edmore Chipiso, Sharon Kasaru and Edson Allan Zunzanyika HACC 06/22.
3. Case number HACC 06/22 was an ex parte chamber application for an interdict brought in terms of s 40 as read with s 41 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (the Act).
4. The court granted... More
This an application by the defendant, as applicant herein, for amendment of his pleadings in an ongoing matrimonial matter under HC 3490/21. For ease, the parties will simply be referred to herein by the terms plaintiff or defendant save in the order granted. This application is against the backdrop of the following context. The parties are presently embroiled in a divorce trial in which at issue, as a starting point referred to trial, is the standing of a consent paper which the defendant signed. The consent paper gave plaintiff all the property. The defendant later refused to advance it further... More
This application before the court is an offshoot of a bill of costs that was taxed by a taxing officer on 16 November 2020 in favour of the respondents. The application was opposed by the first, third and fourth respondents (hereafter referred to as the respondents). The taxed amount is US$10, 122.00. The taxed bill was presented to the applicant’s legal practitioners on the same day of taxation. The applicant claims that he settled the bill by paying the taxed amount in Zimbabwe dollars. Through their legal practitioners of record, the respondents denied that the payment in local currency discharged... More
The Negotiating Committee for the National Employment Council for the Commercial Sectors errored on the facts and law itself, when it upheld the decision of the company (OK Zimbabwe) to dismiss claimant. The claimant did not perform his work in a Dishonest and Unsatisfactory work performance since the said shortage of $45.00 did not occur but the claimant had an overage surplus of $50.00 which was caused by a system error which failed to post his sales (post void) which was beyond his control which was also noticed in Nyasha’s report (One of the employees.) More
This is an appeal against the whole judgment of the Labour Court (the court a quo) handed down on 4 June 2021 wherein the court upheld the appellant’s dismissal from employment by the respondent on the basis that he had engaged in misconduct which was contrary to the express and implied terms of his contract of employment. More
