The delay in the hand down of the judgment is sincerely regretted.
The application before the court is an application for review of the decision taken by the Respondent on 2nd February, 2022 to terminate the Applicant’s contract of employment in terms of Section 12C of the Labour Act [Cap 28:01]. The application is premised on Section 92 EE(1) of the Labour Act [Cap 28:01] as read with Rule 20 of the Labour Court, Rules 2017. More
: This is a referral judgment of a matter to the Constitutional Court in terms of s 175(4) of the Constitution as read together with r 108 of the High Court rules, 2021 and r 24 of the Constitutional Court rules, 2016. The judgment was made pursuant to the filing of a joint stated case in which the parties agreed on the constitutional issue for determination by the Constitutional Court. More
The plaintiff issued summons against the defendant claiming a total of USD32 861.00 (Thirty – two Thousand Eight Hundred and Sixty – One United States Dollars), being an amount arising from personal loans advanced to the defendant in August 2017 and June 2019, plus interest at the prescribed rate from the due date of payment to the date of final payment.
The plaintiff seeks an order compelling the defendant to settle the loan obligation in United States dollars (USD), arguing that the loan was a foreign obligation not affected by the provisions of Statutory Instrument 33 of 2019 (“SI 33/19”)... More
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 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
This judgment deals with a point of law that I raised when the matter was referred to me for trial.
[2] With the consent of both counsel I issued a structured order setting out timeframes within which the parties were to file heads of argument dealing with that preliminary point. The matter was then adjourned to 12 November 2024 for argument.
[3] On 5 January 2024 the plaintiff issued summons together with a declaration against the defendants. In relevant part, the summons reads as follows:
“To the Defendants named above;
The following property to be declared tainted and therefore liable... More
