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Practicing Certificates and Right of Audience before Courts re: Non-Legal Practitioner Representative Capacity

SC88-05 : OLIVINE INDUSTRIES (PRIVATE) LIMITED vs CAUTION NHARARA
Ruled By: CHEDA JA, MALABA JA and GWAUNZA JA

In a judgment, No.LRT/H/238/2002, dated 26 September 2002, the Labour Relations Tribunal (now the Labour Court) made an order for the reinstatement of the respondent to his employment by the appellant. Part of the order read:“In the event that reinstatement is no longer an option, the respondent be and is ...
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Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

The plaintiff's pleadings are a mess.They do not comply with the strict requirements of the High Court rules. The face of the summons does not identify the 13 Others. The declaration does not do so either. In addition, it does not comply with the rules of court. It contains extraneous ...
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HH39-09 : WARREN PARK TRUST vs ANTHONY PAHWARINGIRA and NTOMBIZODWA PAHWARINGIRA and DAVY MUTINGWENDE and CHIPO MUTINGWENDE and SALTANA ENTERPRISES PL
Ruled By: BHUNU J

The first and second respondents are husband and wife. The same applies to the third and fourth respondents.At the commencement of this hearing, the first and third respondents requested that their wives be excused from the hearing and that they be allowed to represent and speak on behalf of their ...
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HH132-09 : PINELONG INVESTMENTS (PVT) LTD vs THOMAS VALLANCE AND PARADDIGM TRUST (PVT) LTD
Ruled By: MAKONI J

The second issue is whether the notice of appearance to defend, entered by the first defendant in respect of the second respondent, is properly before the court.It was submitted, on behalf of the applicant, that the second respondent, a juristic person, has no right to be heard in court except through legal representation. The first respondent, ...
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HH119-11 : DANIEL DUBE and DANIEL TECHNOLOGIES P/L vs OLD MUTUAL PROPERTIES and DEPUTY SHERIFF HARARE
Ruled By: BHUNU J

In this application he purports to represent himself and the second applicant.
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HH309-14 : TAFARA PANDE vs MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS & NATIONAL HOUSING and MAGISTRATE NDOKERA, N.O. and MESSENGER OF COURT/DEPUTY SHERIFF MASVINGO
Ruled By: MATHONSI J

At the hearing of the matter, the applicant's cousin, Lovemore Madziwa, appeared on his behalf and indicated that he was coming to observe the proceedings in order to advise him of the outcome. Mr Madziva is not a legal practitioner and has no capacity to represent the applicant. Counsel for the the first respondent also had ...
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SC25-15 : GWERU WATER WORKERS' COMMITTEE vs CITY OF GWERU
Ruled By: MALABA DCJ, GARWE JA and HLATSHWAYO JA

Workers Committees have no right to represent employees in litigation. Cold Storage Co. National Workers Committee v Cold Storage Co Ltd 2002 (1) ZLR 141 (H).
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HMT09-18 : MUBUSO CHINGUNO vs MINISTER OF LANDS, AGRICULTURE AND RURAL RESETTLEMENT and PROVINCIAL LANDS OFFICER MANICALAND and DISTRICT LANDS OFFICER CHIPINGE and COLONEL MAKUYANA
Ruled By: MWAYERA J

The applicant approached the court through the Urgent Chamber Book seeking for an interdict pendente lite.The order sought seeks to restrain the respondents, in particular the fourth respondent, from evicting and or disrupting the applicant's farming activities at Subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under ...
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HH217-15 : GODFREY GURIRA and ESTATE LATE OBERT NDAWI and HILTON CHIKUYA and LAZARUS NEMBAWARE vs ZIMBABWE COUNCIL FOR HIGHER EDUCATION (ZIMCHE) and ROSELINE NHAMO and MASTER OF THE HIGH COURT
Ruled By: ZHOU J

The first, third and fourth applicants are employees of the first respondent, a statutory body constituted in terms of the Zimbabwe Council for Higher Education Act [Chapter 25:27]. The now deceased, Professor Obert Ndawi, whose deceased estate is cited as the second applicant, was also an employee of the first ...
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HH195-11 : ELISHA DENDEUKA vs PAPER PLACE (PVT) LTD
Ruled By: BHUNU J

The applicant obtained an arbitral award in terms of the Labour Act [Chapter 28:01] in the following terms:“Wherefore, after carefully analyzing the facts and the law, I make the following award:1. That Claimant is hereby reinstated as a permanent worker to his position without loss of salary or benefits with ...
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HH485-16 : PUWAYI CHIUTSI LEGAL PRACTITIONERS vs THE REGISTRAR OF THE HIGH COURT and THE TAXING OFFICER
Ruled By: CHIGUMBA J

This application came before me on the unopposed roll for an order that the respondents refund the applicant the sum of USD$4,641=40 and pay costs of suit on a higher scale in the event that they oppose the granting of the order.A report was filed on behalf of the first ...
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SC46-17 : ANDREW MAGARASADZA and 34 OTHERS vs FREDA REBECCA GOLD MINE HOLDINGS LTD t/a FREDA REBECCA GOLD MINE and ASSOCIATED MINE WORKERS UNION OF ZIMBABWE
Ruled By: MAVANGIRA JA

In chambers in terms of Rule 5 of the Rules of the Supreme Court, 1964.For the sake of completeness, the following observation is noted:Despite being served with all the relevant papers, the second respondent did not file any papers in response to this application. It was therefore barred. It also ...
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Appealed
SC14-21 : MAXWELL SIBANDA vs ZAMBE NYIKA GWASIRA and NZ INDUSTRIAL and MINING SUPPLIES and REGISTRAR OF DEEDS and SHERIFF OF ZIMBABWE
Ruled By: GOWORA JA, GUVAVA JA and BHUNU JA

On 13 July 2011, under Case No HC6750/11, the appellant caused summons to be issued out of the High Court against NZ Industrial and Mining Supplies as defendant to the suit. In the summons he claimed the following relief:(a) A declaration that the parties did enter into a valid agreement ...
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HMA47-19 : TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and OTHERS
Ruled By: WAMAMBO J

Mr Shamuyarira, a trade unionist representing the fifteenth respondent (Zimbabwe Federation of Trade Unions) pointed out that the first respondent is their affiliate.
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HB29-17 : CLAUDIOUS MANAMELA and BRIGHTON NANGA and SAZIWE DUBE and ENOCK MARUME vs COMMISSIONER GENERAL ZIMBABWE REPUBLIC POLICE and OFFICER ON CHARGE NJUBE POLICE STATION and APOSTOLIC FAITH MISSION OF AFRICA
Ruled By: KAMOCHA J

The interim relief sought in this matter was couched in the following fashion:“Pending determination of this matter, the applicant (sic) is granted the following relief:1. All 3rd respondent members are interdicted from barring or blocking any other church member from entering the 3rd respondent premises wherever situated.2. All 3rd respondent ...
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