ZIYAMBI JA: This matter was dealt with in the court a quo as a stated
case.
At the hearing of the appeal certain issues arose
which had not been canvassed by the parties in the court a quo: for example, the issue of the validity of Clause 5 (a) of
the new Constitution and the propriety of the dismissal of the respondents by the appellants.
These issues have a bearing on the issues that fell
for determination by the court a quo in
the stated case.
In the circumstances we are of the view that the
appropriate course to take would be to remit the matter to the court a quo so that all the issues can be
properly ventilated in a trial.
Accordingly we
make the following order:-
1.
The matter be and is hereby remitted to the
court a quo for continuation.
2.
The parties are given leave to convene another
Pre-trial Conference to agree on the issues to be determined at the trial and
the filing of any further pleadings
which may be necessary.
3.
Costs are to be in the cause.
GARWE JA: I agree
GUVAVA JA: I agree
Matsikidze & Mucheche, appellants' legal practitioners
Debwe & Partners, respondents' legal
practitioners
