This is an application for rescission of a judgment entered against the applicant. An order was made dismissing the application. The following are the reasons for the dismissal.
At the commencement of the hearing a preliminary issue was raised on behalf of the respondent regarding timeous filing of heads of argument on behalf of the applicant. The complaint was that they were filed a day out of time. Ms Banga who appeared on behalf of the applicant produced proof that they were filed after close of business on the last day of the time limit. This is why they were... More
This is a court application in which the applicant is seeking leave of the court to file opposing papers to an application for corporate rescue brought by the 1st respondent against the 2nd respondent in case number HCHC 276/24. The application is opposed by the 1st respondent. More
1. In this court application, the applicant approached the court seeking relief on an urgent basis for a declaration that the CCC Party’s office bearers and main organs elected on 26 My 2019 expired on 27 May 2024 and that the decision made by the disciplinary committee constituted of office bearers whose tenure of office had expired to expel him from the party is null and void liable to be set aside. The declaratur was brought in terms of s14 of the High Court Act [Chapter 7:06] as read with rule 59 (6) of the High Court Rules,2021. In the... More
This is an appeal against the whole judgment of the High Court sitting at Chinhoyi (the court a quo) handed down on 29 November 2024 which granted a declaratory order and consequential relief in favour of the first respondent. It declared a raft of certificates of registration of mining claims in the name of the appellant null and void and ordered their immediate cancellation and removal from the register of the Mining Commissioner for Mashonaland West Province, the second respondent herein. It also ordered the appellant and the second respondent to pay the costs of suit. More
This is an appeal at the instance of the appellant employees and a cross appeal at the instance of the respondent employer.
The background to the matter is that the appellants and the respondent were in a contractual arrangement where the appellants were providing roving merchandising services to the respondent. They would go around supermarkets like TM and Spar advertising the respondent’s products. In return they would be paid for those services. In April 2020 they were stopped from carrying out their merchandise services by the respondent citing the COVID 19 pandemic. As at the time when they were stopped... More
This application for a declaratur was made in terms of s 14 of the High Court Act [Chapter 7:06], and the applicant petitioned the court to declare null and void, a certificate of registration in respect of nine gold reefs that were registered in the name of the first respondent. The declaratur was sought on the grounds that the claim was registered on ground that was not open to prospecting and pegging and that it was registered in violation of the prior pegger principle. The applicant and the first respondent are both mining entities registered in accordance with the laws... More
This is an application for bail pending trial. The applicant seeks an order that he be admitted to bail pending trial on the conditions that he deposits US$100.00 with the Clerk of Court, Magistrates Court, Harare; resides at number 61 Chiremba Road, Cranborne, Harare until the matter is finalized; does not interfere with state witnesses or investigations; surrenders his passport to the Clerk of Court, Magistrates Court, Harare and reports once every Friday between the hours of 6 am and 6 pm at Braeside Police Station More
