1. The applicant approached this Court On 24 January 2024 I issued an ex tempore judgment in which I struck the matter off the roll with no order as to costs. The applicant has requested for full reasons for the judgment. These are they:
2. seeking condonation for the late noting of an appeal for non-compliance with r 59 of the Supreme Court Rules, 2018 (“the rules”) and extension of time within which to appeal. The application was unopposed as the respondent did not file any opposing papers. After hearing the applicant and having considered the written documents filed of... More
Applicants applied to this Court for the reinstatement of an abandoned matter. The application was made in terms of Rule 46 of the Labour Court Rules, 2017. 1st respondent opposed the application More
Kumbirai Manyika Kangai, passed away on 24 August 2013. He died testate and his estate was registered under reference DR 1405/13. On 13 May 2014, the plaintiff lodged a claim for maintenance against the deceased estate in terms of section 3 of the Deceased Persons Family Maintenance Act [Chapter 6:03]. The grounds for her claim were that though she was the first widow of the deceased, she had been omitted in the list of beneficiaries in the deceased’s Last Will and Testament. As a widow, she averred that the estate has an obligation to maintain her.
The marriage between the... More
The Applicant approached the court in terms of Rule 67 (1) and (2) of the High Court Rules 2021. The rule provides as follows:
“ 67 (1) when a spouse is without means to prosecute or defend an action for divorce, judicial separation or nullity of marriage, the court may on application order the other spouse to contribute to his or her costs, and where necessary to his or her maintenance pending litigation such sums as it seems reasonable and just (2) such an application must be supported by an affidavit stating shortly the grounds of the action or defence... More
On 5th March 2025 at Marondera Designated Agent T. Chamisa issued a determination
which ordered respondent to pay applicant US$1, 525.00 as terminal benefits but dismissed the claim of under-payment. Applicant then filed the present application for the review of the determination in terms of Section 89(1) d1 of the Labour Act Chapter 28:01. Respondent opposed the application.
At the onset of oral argument the both parties raised points in limine. The points shall be addressed in turn. More
DUBE-BANDA J:
[1] This is an application for, inter alia, declaratory orders and consequential relief in the following terms:
i. It is hereby ordered and declared that the letter written by Assistant Commissioner R.M Basera on the 14th of February 2019 and date stamped on the 18th of February 2019 do not constitute reasons for the decision of the first respondent in his capacity as the appellant authority in terms of the Police Act.
ii. It is accordingly held that the first respondent is in contempt of the order of this court under HC 42/18 granted on the 28th of... More
This is a court application for a declaratur in terms of section 68 (1) and (3) of the Companies and Other Business Entities Act [Chapter 24:31] (the Act) as read with section 14 of the High Court Act [Chapter 7:06] in which the applicant seeks an order against the 1st respondent in the following terms;
“1. The 1st Respondent be and is hereby declared personally liable without limitation for
payment of the debt owed by the 2nd Respondent to the Applicant.
2. That the 1st Respondent pays the Applicant the sum of US$106 207-51 [One Hundred and Six Thousand Two... More
