Court Judgements
This is an application for leave to appeal. A preliminary point regarding citation of the 1st respondent was raised before the application could be heard. The preliminary issue was that the 1st respondent was not party to proceedings which are now being appealed and therefore there was improper citation of parties. At the conclusion of the hearing of the preliminary issue, the court found merit in the issue raised. Consequently, the court struck the matter off the roll. More
The plaintiff Dr Lung a specialist dental surgeon with 30 years experience has approached the court seeking payment of $21 035-00 for services rendered to the defendant at her instance and request. The defendant on her part admits that indeed she sought services from the plaintiff but the money is not yet due as the plaintiff did not accomplish the mandate. More
This is an application for the condonation of the late filing of Heads of Argument by the Respondent in the main appeal hereinafter referred to as the (“employee”) in an appeal by the Appellant in the appeal and the Respondent in the instant application (hereinafter) referred to as the (“employer”). More
The parties agreed at the hearing of the urgent chamber application on 26 July 2017 that by consent a provisional order be granted staying the arrest and lodging of the applicant into prison in terms of a writ of execution granted under case number HC 4766/13 and HC 4261/16. Further, the second and third respondents were also interdicted from causing the arrest and lodging into prison of the applicant pursuant to the warrant of execution granted under the said cases pending the determination of the question whether the applicant had complied with his obligations as nominal defendant in terms of... More
This is a typical case where the wheels of justice grind at a very slow speed indeed.
On 6 February 2008 President Kachambwa (as he then was) issued an order for the reinstatement of the applicant with an alternative to be paid damages in lieu of such reinstatement. The respondent thereafter wrote a letter to the applicant stating that he would be reinstated as from 1 October 2008. It is alleged that the applicant did not report for duty as instructed and, the respondent proceeded to hold a disciplinary hearing in the applicant’s absence culminating in his dismissal. The applicant... More
The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
The applicant has filed this application on an urgent basis seeking a provisional order in the following terms: More
