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On 22nd May 2006 I issued a Provisional Order in favour of the applicants. I have now been requested to furnish reasons for judgment by the second and third respondents. These are they.
This matter was initially set down for hearing before me on 2nd May 2006. At the hearing I directed that the matter be stood down to Friday to allow the respondents to file heads of argument as Mr Drury on behalf of the applicants had filed heads of argument. On the 5th May the respondents were not ready and the matter was rolled over to the following... More
This is an application for the review of a decision to retrench approved by the 1st respondent on the 30th of May 2005, in terms of section 12C of the Labour Act [Chapter 28:01]. The grounds for review are that the 1st respondent approved the retrenchment of the applicants by the 2nd respondent, firstly, while the question as to who could lawfully retrench the applicants was sub judice, secondly, without having heard the applicants on the merits of the matter and, thirdly, by failing to incorporate the issue of motor vehicles in the terms of retrenchment. More
On 28 July 2005, the applicant filed a court application in terms of Order 33 of the Rules of the High Court of Zimbabwe, 1971. The application was for a review of the proceedings and decision of the respondent, handed down on 18 July 2005, denying the respondent registration as a media service provider in terms of the Access to Information and Protection of Privacy Act, [Chapter 10:27]. The grounds given in the application for the review were procedural irregularity and bias on the part of the Chairperson of the respondent. More
The plaintiff issued summons against the defendant claiming $100 000 000.00 old currency. $100 000.00 revalued being defamation damages, interest at the prescribed rate from the date of demand being the rate from the date of demand being the 26th November 2004 to the date of payment More
The applicant in this matter seeks an order for the transfer of certain shares in First Mutual Limited (FML) from the respondents to the applicant. It also seeks a declaratory order to the effect, inter alia, that its tender of $15.6 billion to the 1st respondent in November 2005 was proper and valid and that it fully extinguished its indebtedness to the respondents and to ENG Capital (Private) Limited (ENG). More
On 14 February 2005, the appellant and respondent appeared before the magistrates court in an application for the downward variation of a maintenance order against the appellant from $1 000 000-00 (old currency) to $300 000-00 per month for one minor child. The trial court dismissed the application but without reasons. Dissatisfied, the appellant noted an appeal to this court. More
The plaintiffs in this matter issued summons in November 2004 claiming, inter alia, the cancellation of the sale and transfer of an immovable property situate in Chipinge, together with rentals and other ancillary relief. The 1st defendant duly and timeously entered appearance to defend.
After the passage of various intervening proceedings, the plaintiffs filed a notice to plead on the 13th of March 2006. This notice was served on the 1st defendant’s legal practitioners on the same day. The 1st defendant filed its plea on the 22nd of March 2006, two days after the time to plead had expired. Subsequently,... More
