Court Judgements
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The employee filed with the court an application for reinstatement of her appeal which had been struck off for non compliance with the rules. The employer objected to the approach adopted by the employee. It reasoned that the employee had to seek condonation for late filing of appeal if she was now in a position to regularise her papers.
The employee persisted that her understanding of the rules was that she could bring up a reinstatement application. The law is clear in practice direction 3 (a) that once the matter has been struck off it can be resuscitated if the... More
This is an application for bail pending appeal. The application is opposed. Applicant appeared before a Regional Magistrate at Bulawayo on the 12th of August 2022 facing a charge of contravening section 128 (b) of the Parks and Wildlife Act (Chapter 20:14), as amended by section 11 of the General Laws Amendment, 5/2011, that is possession of a specially protected animal or trophy. Applicant was convicted and sentenced to the mandatory 9 years imprisonment for being in possession of a pangolin carcass. Applicant has noted an appeal against both conviction and sentence in this court. This application has been motivated... More
This is a court application filed in term of section 318 of the Companies Act [Chapter 24:03]for an order declaring 1st and 7th respondents to be personally liable for the judgment debt in Ames Engineering (Pvt) Ltd (applicant) v Nu Aero (Pvt) Ltd t/a Fly AfricaHC 2915/18. The basis of this application is that the directors of the 6th respondent (company) conducted its business in a manner that is fraudulent, alternatively reckless or grossly negligent.
CassindyMugwagwa was joined as 7th respondent in terms of an order obtained in HC 775/19. On the 3rd April 2019, applicant filed a notice of... More
This is a mining dispute where two competing miners are jostling for the same piece of land. The 2nd respondent is a mining syndicate formed as a co-operative in 1988. It had fifty-eight (58) members. After its formation, it was granted mining rights over Partridge 2 and 3 mines at Esigodini. The respective registration numbers for these claims are35484/34463. The syndicate has at all material times been exercising their mining rights. More
At the end of the appeal proceedings we dismissed the appeal with costs. We have now been requested to furnish what is referred to as a full judgment and reasons for the dismissal of the appeal.
The respondent applied before the Trial Court for an interdict against the appellants. The interdict was specifically to stop appellants from bringing building materials and from conducting any construction at the disputed business stand at Machongwe Growth Point pending the finalisation of an eviction matter under GL 152/19. More
A Mr Abrahum Petros Louw Van Niekerk (Van Niekerk) by virtue of a Deed of Transfer 7477/73 was the registered owner of a certain piece of land situate in the District of Salisbury called the remaining extent of Lushof of Shinghaini measuring 428, 2613 hectares. (the property).
On 8 March 2001, Van Niekerk offered the property for sale to applicant. On 24 July 2001, first respondent issued to Van Niekerk a certificate of no present interest (Co N P I) which indicated that neither the President nor the Government had any intention to acquire the land in question. The Co... More
It is this order that I seek to set aside mero motu having since realised that I made the order in error, as the order is null and void as I will explain. This matter came before me as an application for bail pending appeal. The applicant had been convicted of contravening Section 60A of the Electricity Act [Chapter 13:19] and sentenced to 10 years imprisonment. The State had filed a response on 15 September 2021 in which it commented that the applicant had been properly convicted and sentenced, and that there were no prospects of success on appeal.
When... More
