After hearing argument in this matter, I handed down an ex tempore judgment in which I granted the relief sought by the applicant. These are the full reasons for the judgment.
This is an application for the correction of a court order granted in Case No. HCH 8344/23. The relevant paragraph is paragraph 3 of the order, which reads as follows:
“1st respondent, his assignees, subtenants, invitees and all those claiming right of occupation through him, is hereby ordered to vacate the property specified in paragraph 1.” More
This is an application for leave to appeal at the instance of the employee. The application is opposed by the employer on the basis that it is bad at law and that it fails to meet the test for such applications. Each of the issues discussed in the application are addressed below.
It is settled that leave applications succeed on the basis that the applicant is raising issues of law that need determination by a superior court or that on the merits the applicant has a plausible case. More
This is an application for review brought in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] AJA. The applicant is challenging the second respondent ‘s decision to terminate the applicant’s right of occupation of Stand Number 8A Captain Tapfumanei, Mbare before conferring same to the first respondent’s now deceased husband, Peter Baipai. It is the applicant’s contention that the decision by the second respondent must be set aside on the basis that it was irregular, unlawful and procedurally unfair. The application is opposed by the second respondent only. First and third respondents did not file any opposing... More
The plaintiff (Rephio Chirumbwa) and the defendant are embroiled in a leadership dispute in an apostolic church known as Bethlehem Apostolic Faith Church (the Church). The trial of the matter commenced in March 2022. The matter suffered from setbacks, primarily, the unavailability of witnesses which derailed its progress and ultimately its conclusion. At the conclusion of the trial, the defendant made an application for absolution from the instance at the close of the plaintiff’s case. I dismissed the application for absolution from the instance in a judgment handed down under HH 267/23. More
At the onset of oral argument in this Court Respondent raised a point in limine which Applicant opposed. The respondent argued that the application is invalid for reliance on an incompetent draft order. The impugned draft order reads;
“It is ordered that
1.Application for condonation for failure to comply with Rule 21(1) of the Labour Court Rules, 2017 and an extension within which to comply with the provisions of Rule 21(1) be and is hereby granted.
2.Applicant’s application for reinstatement under case number LC/H/899/22 be heard by the court. More
This matter came before me as an urgent chamber application wherein the applicants seek urgent relief as couched below:
“FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
1) The first and second respondents are hereby interdicted from proceeding with any form of construction work at Glaudina and Kuwadzana Extension junction using a draft plan TPY/WR/1/24 until General Plan CT 2670 [SR 28532] is set aside.
2) The Draft layout plan TPY/WR/1/24 be and is hereby declared to be in direct conflict with General Plan 2670/... More
This present matter is a dispute over the origins hence ownership of a consignment of Lithium ore seized by police on the 8th of May 2023. The applicant and 1st respondent are both duly registered companies and are both into lithium ore mining. In addition, the 1st respondent claims that it also sources lithium ore from small scale miners. The facts of this matter are fairly straight forward and for the most part common cause. On 5 May 2023 the applicant got wind from the police that some lithium ore suspected to have been extracted from its mine was in... More
