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 opposed composite chamber application for condonation for late filing of a notice of opposition and heads of argument, upliftment of automatic bar and reinstatement of withdrawn pleadings.
[2]The applicant and the first to fourth respondents are either owners or have interests in properties situated in a close known as Augustus Close situated in Mt Pleasant, Harare. A spat between the neighbours following the applicant’s decision to construct a boarding house for students accommodation at one of the properties, namely stand 531 Mt Pleasant Township, commonly known as 5 Augustus Close, has generated a series of litigation in... 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
MAMBARA J: This is a vindicatory action instituted by the plaintiff, the registered owner of an immovable property described as Plot 11 Oatlands Road, Merwede Snake Park, Harare (“the property”). The plaintiff seeks an order evicting the defendant and all those claiming occupation through it from the property, together with costs of suit on a higher scale. The claim is founded on the actio rei vindicatio, the common-law remedy by which an owner asserts their right to reclaim property from someone possessing it without consent. The plaintiff avers that he acquired title to the property in 1999 and has at... More
[1]This is an urgent court application for stay of execution. At a case management I ruled that the matter was urgent and gave directions and a calendar of events to be followed until the completion of the application. 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
