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This is an application for leave to appeal against a judgment by my brother MATHONSI J handed down on 14 June 2018. That judgment HB 147/18 being in respect of case number HC 2606/17. The applicant had sought condonation for the late filing of his notice of appeal against a judgment by KABASA J of the labour court. Apparently, the applicant had earlier in case number HC 2016/16 made the same application before my brother MAKONESE J who struck the matter off the role on 21 September 2017 as it was improperly before the court. It had been filed out... More
The above two matters where both heard on appeal on 7 October 2019. The subject matter and facts giving rise to the appeals are the same. The grounds and heads of argument are exactly the same with just the necessary changes and they are subject of the same arbitral award granted by the same arbitrator and registered by the same Magistrates’ Court sitting at Kwekwe. For that reason, I have combined them for purposes of this judgment. More
All these three matters were submitted to me by the learned Regional magistrate ostensibly for review purposes.
All these three matters were dealt with by the Resident Magistrate at Bikita. Due to the sentences imposed by the trial Magistrate of 3 months imprisonment wholly suspended on the usual conditions for 5 years in all these matters, the cases would not ordinarily be subject to scrutiny or review. More
The two matters listed above are related and the interested parties agreed that they be consolidated and argued at the same time to avoid repetition.
Case No 1 filed under HC 2981/18 is a court application where the applicant seeks the following relief;
1.1 An order cancelling the agreement of sale between the 1st respondent and 2nd respondent in respect of an immovable property known as Stand 10075 Bulawayo Township of Bulawayo Township lands also known as No. 46 Cheltenham Road, Montrose Bulawayo, and further reversing the transfer of ownership of the aforementioned immovable property from the 2nd respondent to... More
Applicant filed an urgent chamber applicaion which was opposed. On 20 December 2018, my brother TAKUVA J heard the matter and granted the interim relief sought therein. The matter now comes to me for confirmation of the provisional order. The applicant seeks confirmation for a final order in the following terms, that More
These are two separate appeals against the same decision of the High Court (“the court a quo”) in an interpleader application, wherein the court a quo dismissed the two appellants’ claims to movable properties attached by the first respondent in each appeal (hereinafter referred to as “the Sheriff”) in execution of a judgment debt. The two appeals were consolidated and heard as one appeal. For the sake of convenience, the Court will refer to the appellant in the first appeal as “the first appellant” and the appellant in the second appeal as “the second appellant”. After hearing submissions by counsel,... More
This is an urgent chamber application seeking aninterim order in the following terms
"1. Applicant be and is hereby restored in House No. 493 Masvingo Cooperative Union, Jerera.
2. The second Respondent be and is hereby ordered to restore Applicant and all his belongings back into House No. 493 Masvingo Cooperative Union, Jerera."
The application is opposed by the first respondent. More
