This is an application wherein applicant seeks the following relief:
“1. The 1st respondent’s action instituted by summons under case HC 411/13 be and is hereby dismissed on the grounds that it is frivolous and vexatious.
2. The 1st respondent shall pay the costs of suit on an attorney and client scale.” More
The applicant has approached this court seeking leave to reinstate case number HC 129/18 (hereinafter referred to as the main case) which case was deemed abandoned and dismissed on 7 December 2022. Applicant and respondent are husband and wife respectively. The main case sought to be reinstated was a matrimonial action. The respondent has opposed the application mainly on two grounds. More
The applicant approached this court seeking a declarator in terms of s 14 of the High Court Act [Chapter 7:06]. More particularly, the applicant prayed for the relief couched in the following manner:
“(a) The 1st Respondent did not afford a proper opportunity to the Applicant to exercise its right of first refusal in respect of the property being Stand 3188 Salisbury of Salisbury Township Lands registered under Deed of Transfer Number 7820/1989 also known as Number 1 Elsworth Avenue, Harare. More
On 20 September 2024, I struck the present application from the urgent roll. I am now supplying the reasons for the order of 20 September 2024 upon applicant’s request. More
At the onset of oral argument in this Court respondent raised 2 (two) points in limine which applicant opposed.
The points shall be dealt with ad seriatim More
On the 1st November 2021 at Harare, F. Mutambirwa N.O. in her capacity as a
Designated Agent (DA) made a determination. She ordered appellant (employer) to pay
respondent (employee) various amounts of money for outstanding service pay, notice pay,
leave pay, overtime, unpaid wages and housing allowance. The employer then appealed the
determination to this Court in terms of section 92D of the Labour Act Chapter 28:01. The
employee opposed the appeal. More
On 24 July 2024 we dismissed an appeal brought up by the appellant with an order of costs. Appellant then asked for our reasons for such a decision. We now avail the reasons.
FACTS
On 8 March 2016, the respondent, City of Mutare made a court application at Mutare Magistrate’s Court suing Manicaland Theatre Association of Performing Arts as first respondent, Henry Tsopotsa as second and Caroline Mapungwana as third for eviction. The application for the trio’s eviction was premised on the fact that first respondent also known as Courtauld Players had dissolved and formally returned the property to City... More
