This is a court application for rescission of judgment. The applicants seek to have the default judgment granted by MUSITHU J on 28 June 2023 under case number HC 2656/23 set aside. The order sought as set out in the draft order speaks to this as follows:
“1. The judgment granted by this Honourable court under case No. Hc 2656/23 on 28 June 2023 be and is hereby rescinded.
2. The matter shall proceed in terms of the Rules of this court.
3. No order as to costs”. More
The appellant appeals against the whole judgment handed down by the High Court (the court a quo) on 1 March 2023. The court a quo ordered the appellant to pay to the respondent the sum of US$74 332.58 together with interest thereon at the rate of 5 per centum per annum from 12 December 2013 to the date of payment in full and costs of suit. More
The facts of this case emanate from the effects of the Covid-19 pandemic. The pandemic had worldwide implications. The Respondent was obliged to close the doors to several of its hotels. Employees were required to stay at home. Respondent continued up to some stage to pay these employees when they were not offering any work. The record shows that the Respondent had several meetings with the employees’ representatives. Respondent resorted to paying 50% of the wages. It is also common cause that Respondent later retrenched a sizeable of the employees after having notified the Retrenchment Board which Board approved the... More
Appellant, appeared before the Regional Magistrate Court, Kadoma on two occasions seeking bail pending trial. He had been apprehended on two charges of armed robbery and possession of articles used in the commission of an offence, in contravention of ss126 and 140 of the Criminal Law Codification and Reform Act [Chapter,9:23], respectively. Of note, on his initial remand of the 2nd of May 2024, bail was opposed by the State, on the faith of the request of remand form and the investigating officer’s affidavit. When the appellant reappeared on the 8th of May 2024, the State was in possession of... More
The matter was placed before me as an application for condonation and extension of time within which to file an appeal. I issued an order in February of 2024 dismissing the application for condonation. Request for reasons for the order was made. Here are my reasons for the order. More
The parties in this matter came before me for a civil trial which was set to commence on 17 October 2024. The summons had been filed in the name of the plaintiff which is a deceased estate. The case is for the eviction of the first defendant and all those claiming occupation of plot number 19 Chinyaduma in Chipinge through her. The action was contested by the first defendant until the pleadings were closed. The issues which were referred for trial were as follows:
1. Whether or not the cited plaintiff has locus standi to sue.
2. Whether or not... More
1. This is an application for the reinstatement of an appeal that was “dismissed” by the registrar in terms of subrule (b) of Rule 46 of the Labour Court Rules 2017. At the hearing of the application a preliminary point was raised by the respondent that the applicant could not be represented by the Commercial Workers’ Union because she was a managerial employee. It was further said that she was also not a member of that union anyway as there were no deductions made by the employer towards her membership of the union. The respondent referred to subsection (1) of... More
