MUSITHU J: This application for review was filed in terms of s 27 of the High Court Act [Chapter 7:06]. The applicant seeks the setting aside of the decision of the second respondent which directed the third respondent to advertise and conduct a sale in execution of the applicant’s cotton wool processing plant (the plant) and the subsequent sale in execution held on 29 December 2023. The applicant averred that the procedure leading to the sale of its plant was grossly irregular as it was done in contravention of the provisions of the Magistrates Court (Civil) Rules, 2018 (the rules). More
: The plaintiff is Mereki (Warren Park) Community Trust. The trust was formed by registered Trust Deed No 722/2015 dated 12 June, 2015. The trust was founded for the main objective of advancing the welfare and interests of Warren Park Community. Warren Park is a high density suburb located to the south west of the environs of The City of Harare. More
At the onset of oral argument in this Court Applicant raised two (2) points in limine, which 1st Respondent opposed. The Court shall deal with the points ad seriatim. More
Applicant applied to this Court for the review of his dismissal from employment by 1st Respondent. The application was made in terms of Section 89 (1) Id of the Labour Act Chapter 28:01, hereafter called the Act. 1st Respondent opposed the application. More
This is an opposed appeal in terms of Rule 19(1) of the Labour Court Rules, 2017, made against the Arbitration Award issued on 09 September 2024, but was served on the appellant’s email on 3 December 2024. The appeal was made on the following grounds More
MUSITHU J: This referral judgment is rendered pursuant to the provisions of s 175(4) of the Constitution as read with r 24 of the Constitutional Court rules, 2016 and r 108 of the of the High Court rules, 2021. The composite judgment is concerned with both Case 1 and Case 2, which arose from the same cause of action and circumstances. The constitutional
issue that arises for determination in both cases is the constitutionality of s 70 of the Police Act [Chapter 11:10] (the Police Act), which states that:
“70 Limitations of actions
Any civil proceedings instituted against the State... More
This application for rescission of default judgment is made by the Minister of Foreign Affairs and International Trade in his official capacity as such. The Minister Frederick Shava deposed to the founding affidavit. The brief background to this application is as detailed hereunder.
The respondent company Destiny Ventures (Propriety) Limited Botswana instituted proceedings in this court under case No. HC 741/21 against United Nations Children’s Education Fund (UNICEF). A default judgment was granted in favour of the respondent company on 7 July 2021 by MANGOTA J. The terms of that judgment were as follows: More
