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The respondent filed a court application for rescission of default judgment in terms of Rule 29 of the High Court Rules 2021. The applicant proceeded to file its notice of opposition on the 30 of June 2022. On 19 July 2022, respondent filed its answering affidavit which was served on the applicant on the 20th of July 2022. One month has since lapsed and the respondent has not applied for the set down of the matter or taken any further procedural step within 1 (one) month from 20th of July 2022. Resultantly, the respondent has failed to prosecute its application... More
This is an application for condonation of late noting of an appeal and for leave to prosecute the appeal in person. The application is opposed by the respondent.
The applicant was convicted of rape as defined in s 65 of the Code. He was sentenced to 18 years imprisonment of which four years imprisonment was suspended on condition of good behaviour, leaving an effective prison term of 14 years. The conviction was in terms of the judgment dated 2 August 2018. The instant application was filed in 2023. More
The plaintiff issued out summons claiming adultery damages against the defendant who she alleges was engaged in an adulterous relationship with her husband, one Jabulani Tawanda Chikore since July 2020. They were married on 21 August 1998 in terms of the then Marriage Act [Chapter 5 :11] now the Marriages Act [Chapter 5:17]. There is one minor child born of the marriage. It is alleged that the plaintiff has suffered personal injury or contumelia and loss of her spouse’s consortium. The inclusive amount of damages claimed is USD 50 000.00 being USD 25 000.00 a piece. More
This is an urgent chamber application for stay of execution in which the following provisional order is sought:-
“TERMS OF THE ORDER SOUGHT
That the respondent show cause why a final order should not be made in the following terms:-
1. That the provisional order is hereby confirmed.
2. That the judgment under HC 4309/22 be and is hereby rescinded and set aside.
3. The first respondent to pay costs of suit. More
This is an urgent chamber application in which the provisional order sought has the following terms: -
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The applicant be and is hereby awarded custody of Tinotenda Nyakudanga born 6 May 2005, Nellia Nyakudanga born 4 April 2011, Nokutenda Nyakudanga born 4 August 2014 and Bothwell Nyakudanga born 4 June 2016.
2. Respondent be and is hereby awarded access to the minor children every alternating school holiday and public holidays. Respondent shall enjoy access... More
As a result of a motor vehicles accident that happened between plaintiff and defendant on 27 June 2008, plaintiff caused the issuance of summons against defendant claiming:
(a) US$52 000.00 being damages for bodily injury and US$2 000.00 for medical expenses.
(b) Interest at the prescribed rate on the sum claimed from the date of the summons to the date of full payment.
(c) Costs of suit. More
This is an appeal against the whole judgment of the Labour Court (the ‘court a quo’) dated 6 May 2022, judgment number LC/H/108/22 in which it dismissed the appellants’ application seeking an order that the Works Council Meeting and Resolution of 15 September 2010 related to the appellants who were on fixed term contracts. More
