The applicants approached this court seeking an order for interim interdict under the following terms:
“1. The Respondent, personally or through his agents, or anyone claiming rights or title through them are interdicted and restrained from preventing the applicants and /or their duly appointed employee, contractors and/or agents, from accessing 1st Applicant’s Gudubu Mines at Mhangura, Chinhoi for purposes of conducting and maintenance work on the shaft and machinery. Failing which, the Sheriff of the High Court, with the assistance of the Zimbabwe Republic Police shall take all necessary steps to grant access to the applicants, and herein their duly... More
This is an appeal against the determination, handed down in terms of Section 63 (3a) of the Labour Act [Cap 28:01] (hereafter referred to as the Act) by the Designated Agent of the National Employment Council for the Mining Industry, Mr V. Tasiyana. The determination was handed down on 14 March 2022. More
This is an application for leave to appeal this court’s decision to the supreme court.
The intended appeal seeks to challenge a finding of this court to the effect that the meeting held by the applicant was not valid for failure to comply with statutory provisions of the Rural District Councils Act [chapter 29:13]. The applicant seeks to argue, among other issues that it was the respondent who had called the meeting a special council meeting in terms of Section 46 (4) of the Rural District Councils Act when the meeting was in fact not a special council meeting as... More
In March 2020, respondent issued summons in the magistrates’ court against the two appellants claiming payment of a sum of $300 000 being general damages for malicious arrest and prosecution at the instance of the two appellants. More
On the 22nd of July 2022 the plaintiff sued out summons out of this court seeking US$23 600-00 in damages against the defendants arising from a road traffic accident that took place at the 84km peg along the Harare Chirundu Road. The claim is broken down as follows,
1. US$ 10 800 -00 being replacement value of a damaged motor vehicle a Mercedes Benz C200.
2. US$1 800 -00 for medication and allied costs.
3. US$260-00 being cost of towing the motor vehicle incurred by the plaintiff.
4. US$6 000-00 for pain and suffering incurred by plaintiff.
5. US$5 000-00... More
The will of the testator was invalidated by his subsequent marriage to second respondent. Section 14 of the High Court Act [Chapter 6:06] grants the High Court power to enquire into and determine any existing, future or contingent right or obligation upon application by an interested person. Section 30(1) of the Administration of Estates Act [Chapter 6:06] provides inter alia that letters of administration granted to a person as testamentary executor are subject to revocation or annulment upon proof to the satisfaction of the High Court that the will is null. More
The grounds of appeal were six-fold as follows,
“1. The DA erred at law by failing to consider that 1st applicant was not on a fixed contract and he did not confirm that he was on a fixed contract.
2. The DA erred in failing to consider that respondent failed to prove that 1st applicant was on fixed term contract.
3. The DA erred in failing to consider that applicants substantiated their claims of under payment of wages.
4. The DA failed to consider that there is no doctors’ report which stated that 1st applicant was fit to work as... More
