At the onset of oral argument in this Court Respondent raised 3 (three) points in limine
which the Applicant opposed. The Court shall deal with the points ad seriatim. More
At the onset of the hearing by this Court the parties’ attorneys waived oral argument. It was agreed that the Court proceeds to determine the matter on basis of the documents filed of record.
Applicant applied for the reinstatement of his appeal in terms of Rule 36 of the Labour Court Rules, 2017 More
This is a claim for an order of specific performance. The plaintiff, a registered company, seeks to have the first and second defendants compelled to take all necessary steps to effect transfer to it certain immovable property it purchased from them. In the event of the latter’s failure or refusal to co-operate in this regard, the plaintiff seeks an order authorizing the sheriff (i.e., the fourth defendant) to do so in their stead. The claim comes in wake of an agreement of sale in respect of the said property entered into between the second defendant and her late “husband”, Maxwell... More
It is a common cause between the parties that after the decision was handed down in August of 2021 the appellant filed an appeal in the Labour Court. That appeal was never prosecuted to its finality. They responded argue that the appeal is still pending before the labor Court but the appellant argued that it was abandoned More
This is an appeal against the whole judgment of the High Court, (court a quo), Harare, which was handed down on 19 May 2023. The court dismissed the appellant’s application for review on the basis, among others, that the appellant’s complaints to the respondents related to ecclesiastical governance and doctrine, a circumstance that removed from it the jurisdiction to hear the matter. More
This is an application for the condonation of late noting of a review application. Applicant claims that he failed to file his review timeously because he had erroneously filed his review a day out of time but had not sought condonation thus resulting in the striking off of his matter. He also states that there were technical glitches that beset his filing the review on time when he filed his appeal on time. He says further delays were occasioned by the respondent’s failure to give him the full record of proceedings on time. He also cites lack of funds as... More
The applicant Apostolic Faith Mission in Zimbabwe a church congregation pleading through a founding affidavit deposed to by one Amon Dubie Madawo who styled himself as the applicant’s elected president and also stated that the applicant is a common law universitas with power to sue and to be sued. The deponent president further deposed that the applicant was constituted in terms of a written constitution and regulations which inscribed its foundational values, confession of faith mission and governance structures. The applicant did not attach a copy of its written constitution and regulations and did not do so in the answering... More
