The applicant as farmer and the first respondent as miner lock horns over the exercise of their respective rights on the same piece of land. The applicant occupies a piece of land by virtue of land occupation permit issued to him in 2001 at the height of the land reform programme. The first respondent on the other hand is, on the face of it, the holder of certain mining rights over the same piece of land which it acquired by virtue of a contract to that effect with the fourth respondent. The mining claim was initially registered in the name... More
The Applicants, Obert Madondo N.O., the appointed Corporate Rescue Practitioner (hereinafter referred to as the “CRP”) of Amcast (Private) Limited, and Zimbabwe Diamond and Allied Mineral Workers Union (hereinafter referred to as “ZDAMWU”), have filed an urgent chamber application seeking a provisional order to interdict the Respondents from interfering with the operations of Amcast (Private) Limited ( hereinafter referred to as “Amcast”). The Respondents challenge the urgency of the application and raise several preliminary points in limine. More
This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe, a parastatal. I heard the matter on the merits having made a decision at the hearing that the argument that the matter was not urgent because the applicants had failed to take action between the 29th of December and the re-filing of the application was not sustainable. More
This is an appeal against the decision of the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe upholding a decision of its Local Joint Committee overturning the respondent’s dismissal of the respondent from its employ following disciplinary proceedings. The respondent had preliminary issues to raise. However , at the commencement of the hearing Mr Muhambi who represented the respondent abandoned the preliminary issues so that the merits of the case could be considered. That was commendable as this expedites finality to litigation. The facts of this matter appear not to... More
On the 12th of October 2023 I granted an order in H5397/21 in the following terms;
1. The point of law raised by the First Defendant be and is hereby dismissed
2. The application for amendment be and is hereby granted.
3. The Plaintiff summons and pleadings be and are hereby amended to read Olympia Farm (Private) Limited.
4. No other amendments are permissible without the leave of the court
5. No order as to costs. More
The applicant alleges that it duly submitted its income tax assessment for the relevant years 2020 to 2022 within the stipulated submission deadlines and settled its dues in full using the legal tender of the country being the Zimbabwe Dollar. A total amount of ZWL 183 392 906.00 was paid. In addition, a further amount of US$180 000.00 was paid in an attempt to reach an amicable settlement to this matter. Despite the applicant’s conviction that it had properly discharged its obligations, the first respondent, on 28 April 2023 issued tax assessments covering the years 2020 to 2022. These assessments... More
Please take note that the order handed down on the 10th of November, 2023 under reference LC/H/ORD/878/23 carries the following errors and omissions;
i. The Applicant was not in default but rather the Respondent was the one who was in default therefore the representative for the Applicant shall be amended from “in default” to “Mr S. Mwandiwanza.” (Legal Practitioner)
ii. The legal practitioner’s name who appeared for the Applicant on 1 November (the date of the hearing) was misspelt as “Mr.S Mwandiwanzira” it is corrected to read as ‘Mr.S.Mwandiwanza’. More
