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Had it not been for the vagaries of climate change, this application may well never have been made. Before the court is a consolidation of two opposing claims between the same parties. One party (the applicant or “Townsend”), seeks an order for the registration of an arbitral award in terms of Article 35 of the Arbitration Act [ Chapter 7:15] (“the Act”). The other party (respondent “Sinohydro”) opposed Townsend`s claim. It also filed an application, under case number HC 1775/18, wherein it prayed for an order setting aside the same arbitral award in terms of section 34 of the same... More
In 2004, the Reserve Bank of Zimbabwe (RBZ) advanced a loan to Intermarket Holdings Limited (IHL), then a wholly owned subsidiary of the appellant. The loan was converted to equity in 2006. The RBZ thus became a 50.98 per cent shareholder in IHL. Soon thereafter, the RBZ divested its stake to the respondent without according appellant the pre-emptive rights embodied in IHL’s articles of association. The respondent thereafter assessed the appellant’s remaining stake in IHL to be equivalent to 6.21 percent of the respondent’s own issued share capital. In March 2007, the respondent offered the appellant a 6.21 percent shareholding... More
This is an application for leave to appeal to the Supreme Court. At the onset the respondent employer took 2 points that the application was ill placed. This was on account of the fact that it is referred to using the wrong section of the Labour Act that is 92F(3) instead of S 92 F(2). It is also reasoned by the employee that the intended appeal grounds do not raise points of law. In response to the points the applicant conceded the ill citation and prayed that since it is in the form of typo error it be condoned and... More
The applicant seeks condonation for late noting of an appeal and extension of time within which to note an appeal. The State did not file a response. Despite the non-filing, l am required to consider the application on the merits. The applicant appeared before a Magistrate sitting at Kariba Magistrates Court facing a charge of fraud in contravention of s136 (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).The State alleged that the applicant sold a BMW X4 chassis number WBAXX120500X22929 with an engine number 59835070 to one Bonisani Sithole. The complainant paid US$9600. Unbeknown to the... More
Applicant approached this court for a declaratory order and consequential relief. The application was filed on 31 August 2022. Applicant filed all her pleadings with the heads of argument being filed on 13 January 2023 and served on the respondent’s legal practitioners on 16 January 2023. No heads of argument were filed by the respondent. This application was set down for hearing on 26 May 2023. At the commencement of the hearing, respondent’s counsel made the submission that he had not filed respondent’s heads of argument, as such respondent was barred. He then advised the Court that in terms of... More
The genesis of the application as gleamed from the founding affidavit deposed by Patrick Ndiweni is that the 1st respondent built a primary school and a hospital at Tshelanyemba communal lands which is in Kezi in Matobo District. The primary school was later closed in 1968. In 1981 the Government of Zimbabwe allowed for the setting up of a Secondary School within the premises of the now closed primary school. The 1st respondent, being a church, could not be funded by Government to establish the Secondary School, which was to be a boarding school. The church had no resources to... More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 7 July 2021 upholding the respondent’s point in limine to the effect that the appellant’s cause of action had prescribed thereby dismissing with costs the appellant’s claim. More
