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The applicant appealed the decision which the court a quo entered against it in HB 66/19 (HC 2163/16). It filed its appeal under SC 288/19. The Supreme Court dismissed its appeal in its entirety. The dismissal was so notwithstanding the fact that the applicant raised, as one of its nine grounds of appeal, the issue of the scale of costs. Ground number 9 of its grounds of appeal is relevant in the mentioned regard. More
At the onset of the hearing by this Court the parties’ attorneys waived oral argument. It was agreed that the Court proceeds to determine the matter on basis of the documents filed of record.
Applicant applied for the reinstatement of his appeal in terms of Rule 36 of the Labour Court Rules, 2017 More
This is an appeal against the whole judgment of the High Court, (court a quo), Harare, which was handed down on 19 May 2023. The court dismissed the appellant’s application for review on the basis, among others, that the appellant’s complaints to the respondents related to ecclesiastical governance and doctrine, a circumstance that removed from it the jurisdiction to hear the matter. More
This is an application for the condonation of late noting of a review application. Applicant claims that he failed to file his review timeously because he had erroneously filed his review a day out of time but had not sought condonation thus resulting in the striking off of his matter. He also states that there were technical glitches that beset his filing the review on time when he filed his appeal on time. He says further delays were occasioned by the respondent’s failure to give him the full record of proceedings on time. He also cites lack of funds as... More
This is a ruling on whether or not present application should be treated as urgent. The background thereto is that the parties entered into a contract for the hire and lease of an excavator. That relationship soured. Present respondent instituted rei vindicatio proceedings in this court. More
The applicant seeks a final interdict barring the five respondents from interfering with its mining operations on pieces of land situate in on communal lands in the Zaka District of Masvingo Province. Through the affidavit deposed to by its director, Boysen Mutembwa, it alleges that the five respondents are conducting illegal mining activities on some of its registered mining blocks, a claim which the respondents deny. It further avers that it is the registered holder of mining claims known as Bvuma Mining project which it obtained sometime in 2017 and 2018. It has since affected developments thereon pursuant to its... More
At the onset of oral argument in this Court Respondent raised a point in limine which Applicant opposed. The respondent argued that the application is invalid for reliance on an incompetent draft order. The impugned draft order reads;
“It is ordered that
1.Application for condonation for failure to comply with Rule 21(1) of the Labour Court Rules, 2017 and an extension within which to comply with the provisions of Rule 21(1) be and is hereby granted.
2.Applicant’s application for reinstatement under case number LC/H/899/22 be heard by the court. More
