1. The application for condonation for late noting of an appeal and extension of time within which to note the appeal be and is hereby dismissed with costs for lack of merit.
The matter was an application for condonation for late noting of an appeal and extension of time within which to file an appeal against a determination by Arbitrator B. Garudzo which determination was handed down on the 29th of February 2024. The application which was premised on Rule 22 of this court’s rules was opposed. More
This is an urgent chamber application for stay of execution of the judgment in Case No. HCH 6502/19, pending determination of a court application filed under Case No. 3362/24. The latter court application seeks cancellation of Deed of Transfer No. 1467/2019. On the return date the applicants seek cancellation of the Deed of Transfer Number 1467/2019 in favour of the first respondent and revival of the Deed of Transfer Number 7269/2002 registered in favour of the late Tapuwa Edson More
On 30 June 2023, a judgment was granted in favour of the respondents in this matter by the Magistrates Court. This judgement dismissed the applicant’s entire claim for defamation under case 376/22. It is this judgement that the applicant wishes to appeal against. Following delivery of the judgement, applicant filed its appeal under CIV “A” 199/23 against the judgment in its entirety timeously. However, this appeal was struck off the roll due to the court finding it defective as it did not contain a request for the success of the appeal. Consequently, after the striking off of the appeal on... More
Facts leading to this application as follows; -
Applicant who was in the respondent’s employment as a Nutritionist Stock Feed was suspended from employment on 26 February 2024 on allegations of engaging in conduct inconsistent with conditions of her employment and habitual and substantial neglect of duty in contravention of the Model Code. More
This matter was placed before me as an urgent court application for variation of a custody order issued by this court in Case No. CIV “A” 153/23. On 14 January 2025, after hearing submissions from the parties’ legal practitioners, the court issued an ex tempore judgment upholding the point in limine that the respondent had dirty hands and could not be heard. Consequently, the court disregarded the respondent’s opposing papers and proceeded with the hearing of the application as an unopposed matter. I subsequently reserved judgment on the matter. What follows are the full written reasons for the court’s decision. More
At the conclusion of the hearing of this matter on 14 August 2024, counsel for the plaintiff undertook to file written closing submissions by the 19th of August 2024 whilst defendant’s counsel would file by 23rd August 2024. Plaintiff’s closing submissions were duly filed but to date defendant’s submissions have not yet been filed. I am therefore proceeding to write this judgment without them as I could not wait forever. This is a matter in which the plaintiff is claiming adultery damages in the total amount of USD 30 000.00 against the defendant. These are broken down as USD 15... More
