It is common cause that appellant’s earlier appeal (under LC/H/284/22) against the determination in casu was struck off the roll by the Court for failure to file the record of proceedings conducted by the Designated Agent. Such record is required in terms of Rule 19(1) (b) of the Labour Court Rule S.I. 150/17. Respondent argued that appellant’s remedy provided by the Practice Direction would be an application for reinstatement as envisaged by the proviso to paragraph 5 of the Direction. Instead appellant applied for condonation of a late appeal which was granted by this court on 16 January 2023. Appellant... More
This is a court application for leave to execute pending appeal. The order sought is in the following terms:-
“1. The applicants be and are hereby granted leave to execute the judgment of this court granted on 14th July 2022 for the ejectment of 1st and 2nd respondents and all those claiming ownership through them from number 11 Seymour Road, Montgomery, Bulawayo, pending the hearing and determination of the appeal filed under case number SCB 77-22.
2. The respondents shall pay the costs of suit on an attorney and client scale.”
The application is opposed by the respondents who argue... More
This matter has had a long and chequered history. In its various forms and guises, it has been in and out of this and other courts quite a few times. The dispute revolves around the ownership of a piece of land known as Subdivision 3 of Subdivision A of Imbesu Kraal (‘the property’). The applicant seeks to have the deed of transfer in favour of the 3rd respondent in respect of the property be cancelled in terms of s8 of the Deeds Registries Act, [Chapter 20:05] and that its ownership reverts to the 4th respondent. He insists that he is... More
Applicant approached this court in terms of s 92B (3) of the Labour Act [Chapter 28:01] (The Act) seeking that, the judgment of the Labour Court in case number LC/H/585/21 handed down on 8 April 2022 as judgment number LC/H/89/22 and as varied by the Supreme Court Order SC 380/22 handed down on 28 October 2022 be registered as a judgment of this court. More
This is an opposed chamber application for condonation for non-compliance with r 55 (5) of the Supreme Court Rules 2018, and the reinstatement of the applicants’ appeal under SC 219/23 which was by operation of law deemed abandoned and dismissed in terms of r 55 (6). The reinstatement is being sought in terms of r 70 (2) of the; afore-said rules. More
This plaintiff issued a summons against the defendant claiming payment of an amount just under US$11 000-00. It also claimed the costs of suit on the higher scale and collection commission. The defendant filed a plea, in substance denying that it owed the plaintiff the sum alleged, or at all. It also alleged, among other things, that the plaintiff’s suit was unnecessary and precipitate given that the parties were in continuous discussion with each other and that the defendant was steadily liquidating the outstanding amounts on the plaintiff’s invoices. The defendant further questioned the propriety of the plaintiff claiming both... More
The application is for a review of the disciplinary proceedings as convened by the Respondent against the Applicant. The application is premised on Section 92 EE (1) (c) of the Labour Act [Chapter 28:01]. The application is opposed. More
