In an order dated 15 January 2025, this Court struck off the roll the application for condonation for late filing of an application for Review after upholding the points in limine raised by Second Respondent. Despite reasons having been given in an Ex Tempore Judgment on the same date, Applicant has requested for ‘fuller’ reasons More
1. This is an application for the rescission of a default judgment granted by this Court on the 8th of June 2023 in Case No. HCHC 1992/22. The Applicants, viz. Mr. Tariq Aziz (the First Applicant) and Falcon Foods (Pvt) Ltd (the Second Applicant), seek an order setting aside the default judgment. They premise their application on the assertion that they were not served with the notice of set down for the Pre-Trial Conference (“PTC”), were unaware of the proceedings leading to their default, and that the judgment was “erroneously granted” in their absence. They further claim to possess a... More
This is an appeal against the decision of the arbitrator who ruled that the respondent employee was not National Employment Council graded, was underpaid and was constructively dismissed by the appellant employer. More
Appellant appealed to this Court against a determination issued by Designated Agent P. Mgazi. The appeal is provided for by section 92 D of the Labour Act Chapter 28:01 as read with Rule 19 of the Labour Court Rules, 2017.
At the onset of oral argument, respondent raised a point in limine. The point was to the effect that the notice of appeal is invalid for failure to attach the impugned determination. More
[1]This is an application for summary judgment made in terms of r30 of the High Court Rules, 2021. For consistency, I propose to refer to the parties as they are cited in the main action.
[2]On 14 February 2023, the plaintiff issued summons against the defendant claiming delivery of a motor vehicle, namely a Ford Ranger registration number AEF 7621 (‘the motor vehicle’), being a vehicle owned by the plaintiff and which, the plaintiff claimed, the defendant possesses without lawful cause. On 1 March 2023, the defendant filed a notice of entry of appearance to defend, followed by a plea... More
This appeal challenges the whole decision rendered by the Registrar of Trade Marks [the Registrar], dated 18 November 2022, upholding expungement of the HI-TET trade mark no.508/2009 while allowing the HITET trade mark no. 205/1989 to remain on the Register of Trade marks [the Register More
This Application concerns a double sale of an immovable property called Stand 1015 Heights Kariba (the property). The parties to the application are set out in the heading. I do not therefore restate them. The background facts are not in serious dispute.
At the commencement of the hearing the first and the second respondents opposing papers and heads of argument were time barred. The bar was uplifted by consent. The first and the second respondents then formally withdrew case No HC 5015/22 and tendered costs on the legal practitioner and client scale. Case No HC 5015/22 was an application to... More
