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
The applicant seeks the reinstatement of its appeal which was automatically regarded as abandoned and deemed dismissed by the Registrar on 29 August 2024 for failure to pay security for costs in case No. SC 448/24.
[2] It seeks the following order:
“1. The application for reinstatement of an appeal in case number SC 448/24 be and is hereby granted.
2. The appeal in case number SC 448/24 be and is hereby accordingly reinstated.
3. The failure to pay security for costs in time in case number SC 448/24 be and is hereby condoned.
4. Leave be and is hereby... More
This is a court application in terms of article 11(4) of the Arbitration Act [Chapter 7:15] (“the Act”). The applicant requests this Court to appoint an arbitrator who will preside over the parties’ dispute, following their failure to agree on the appointment of one. Both parties are companies, duly incorporated in terms of the laws of Zimbabwe. More
MURASI J.,
This is an Urgent Chamber Application for stay of execution pending the determination an appeal filed with this Court.
The facts are common cause. First to Fourth Respondents are former employees of the Applicant. There has been a continuing dispute between the parties as regards the Respondents’ entitlements in terms of salaries and benefits. In this particular case, the Respondents had an arbitral award granted in their favour on 10 January 2025. This is the subject of the present proceedings. More
On 10th January 2025 at Mutare, Arbitrator C. Mutiba issued an award which ordered appellant to pay respondents a total amount of US$10,088.08 being arrear salaries. Appellant then appealed the award to this Court in terms of Section 98(10) of the Labour Act Chapter 28:01 (hereafter called the Act). Respondents opposed the appeal. More
