This is a chamber application for joinder wherein the applicant seeks to be joined as a party to the proceedings in Case No. HCH 884/24, a court application for review. The relief sought by the applicant is captured as follows:
“1. The application be and is hereby granted.
2. Applicant be and is hereby joined as 2nd respondent in HCH 884/24.
3. The Applicant be and is hereby ordered to file its opposing papers, if any, in HCH 884/24 within 5 days of the granting of this order.
4. The opposing respondents shall pay the costs of this application.” More
1.This is an opposed appeal against the decision of the respondent’s Disciplinary Authority. Seven grounds of appeal were raised as follows:
1.1 “The Disciplinary Authority erred at law in holding that the raising of an additional charge after the suspension of the employee was valid at law. More
MUNANGATI-MANONGWA: An application for substituted service is a plea to court to allow a litigant to use alternative means of serving process to another litigant in a manner other than the usual expected manner of service as per r 15 of the High Court Rules 2021. The order granted in such an application is a special order and same is not granted on mere asking. There has to be special circumstances calling for such relief. Due to the absence of averments pertaining to such special circumstances I refused to grant the application by the applicant herein and called for more... More
The plaintiff instituted this civil action for the eviction of the first defendant from property house number,16 fifth Street Mhangura coupled with a claim of holding over damages in the sum of USD100.00 from the 1st of May 2020 to the date of eviction.
[2] In her plea the first defendant claims that the property in question, should have been made part of her retrenchment package and she should have been offered the right of first refusal before the property was purportedly sold to the plaintiff by the second defendant. In addition, she challenges the existence of a fulfilled agreement... More
CHIRAWU-MUGOMBA J: This matter was placed before me as one for review in terms of R62 of the High Court Rules, 2021. In casu, the applicants seek an order to set aside their sentence and conviction by the 1st respondent and their acquittal on charges preferred against them. At the hearing, there was no appearance for the respondents. Efforts were made to ascertain what the challenge was and it appeared that no one was sure of who was handling the matter on the part of the respondents’ legal practitioners. Counsel for the respondents Ms N L Mabasa, logged into the... More
On 31 October 2024, the High Court (the court a quo) struck off the roll with costs an application for review made by the appellant on the basis that it was brought before it prematurely in the middle of proceedings. More
This is a judgment in an application for rescission of a default judgment brought under Rule 27(1) of the High Court Rules, 2021. The three applicants – Ms. Heather Magodyo, Mr. Prosper Sakala, and Mr. Henry Sakala – seek to have a default judgment entered against them on 21 October 2024 set aside. The default judgment was granted in favour of the first respondent after the applicants failed to attend or be represented when the matter was called. The applicants contend that they have met the requirements for rescission by showing “good and sufficient cause” for the judgment to be... More
