This is an application for a declaratur. Initially, the applicant filed an urgent chamber application for an interdict against the respondents. The basis for the application was that the Applicant had received unlawful tax assessments from the 1st Respondent on the 6th of June 2024 which were unlawful because they are in foreign currency, despite the Applicant having never accrued or earned foreign currency as envisaged in s 4(A) of the Finance Act [ Chapter 23:04]. More
The only issue which stands for determination for now is whether the plaintiff is a legal persona and whether the plaintiff has locus standi in judicio. The plaintiff sued the defendant seeking recovery of US$60 500 being the sale proceeds of gold bullion. The defendant has denied liability and also challenged the plaintiff’s legal persona and locus standi. More
[1] This is a special plea. The facts giving rise to this special plea may be briefly summarized as follows, the plaintiff issued summons against the defendant on 10 September 2024 seeking an order for payment of US23 943.85 being the replacement value of the damaged electric motor and the variable speed drive (VSD) control box; payment of US136 400.00 being the value of the loss of potential income which was anticipated from the expected wheat yield allegedly caused by the defendant’s electrical fault on the electricity distribution transformer which caused damage on plaintiff’s electric motor and the variable speed... More
This is an application for the amendment of a plea. The amendment is sought in terms of r 41(4) of the High Court Rules, 2021. The applicant seeks to amend his pela in case number HC 7833/22 (“main matter”). The respondent opposes the amendment. For purposes of this judgment, and in order to avoid confusion, I will refer to the parties, were the context permits by their names i.e. the applicant as ‘Chimbetete’ and the respondent as ‘Bako.’ More
On 5th August 2024at Marondera, 1st respondent, in his capacity as an Arbitrator, issued an award wherein applicant was ordered to pay 2nd respondent an amount of $1,284.00 in respect of underpayment of wages. Applicant than applied to this Court for the review of the award in terms of section 89(1)(d1) as read with section 92 EE of the Labour Act Chapter 28:01 hereafter called the Act, 2nd respondent opposed the application More
CHITAPI J: At the end of hearing of this application on 12 December, 2024 I issued an order as follows
“IT IS ORDERED THAT
1. The respondent is ordered to halt and cease all mining activities along Angwa River until the respondent has obtained the requisite environmental impact certificate and the go ahead to mine in the area by the applicant.
2. Nor order as to costs. More
WAMAMBO J: This matter is a divorce action wherein the parties are agreed on a number of important issues. To that end they have filed a consent paper dealing with the issues where they are in agreement. More
