Court Judgements
This is an application which, in the main, seeks an order ad pecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment. Alternatively, the applicant asks for an order that the respondents pay the applicant the sum of US$179, 541.45, jointly and severally, the one paying the others to be absolved. In addition, the applicant seeks an order nullifying... More
On 14 December 2015 at Harare, labour officer B Chikwanha made a ruling which ordered appellant to reinstate respondent’s employment. Appellant then appealed to this court against the ruling. Respondent opposed the appeal. More
This application was placed before me on a certificate of urgency for a final order of attachment of a boat known as The Royal Nikobasa to found jurisdiction in an anticipated pecuniary claim against the first respondent only. In the same application the applicant seeks an order to serve process on the first respondent through e-mail. The second respondent was joined to the proceedings by way of an application for joinder. More
This is an application for review of the decision of the Acting Registrar made in terms of section 45 of the Labour Act [Chapter 28:01].
The facts in this case are common cause. The first respondent applied to the second respondent for a variation of the scope and operation of the trade union. The second respondent published the notice as required in the Gazettegiving the statutory notice. Thereafter the second respondent proceeded to grant the application. The applicants are dissatisfied with that decision and have approached this court for relief. More
This matter came on appeal. Before the appeal could be argued, four (4) preliminary issues were taken on behalf of the respondent. These are that:
“(a) The grounds of appeal are vague and embarrassing in the sense that they challenge decisions of committees without identifying the committees so referred to and also without linking each of the grounds to the respective committee’s decision.
(b) The grounds of appeal ought to be struck off since they proceeded on the mistaken view that the appeals committee made findings of fact and exercised discretion.
(c) The prayer is defective in that it seeks... More
[ 1] Plaintiff, a peregrine entity, seeks to recover monies lent and advanced to first defendant, a local company. The second and third defendants were sued in their capacity as sureties and co-principal debtors.
[ 2] Plaintiff closed its case after the testimony of its single-Mrs Melina Matshiya-a senior legal practitioner. Mr. Uriri for the defendants moved the court to grant absolution from the instance. Counsel premised his application on two arguments;-(a) that plaintiff had tendered no evidence at all before the court. Mrs Matshiya, its representative and sole witness lacked valid authority to represent it and was as such,... More
PATEL J: This matter arises from a collision that occurred on 20 July 2009 between the plaintiff’s truck and a motor vehicle driven by the 1st defendant’s deceased husband. The plaintiff claims the replacement value of its vehicle, damages for loss of income and goods, together with interest and costs of suit More
