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| October 2022 |
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An award solely in US dollars can offend public policy where domestic law mandates Zimbabwe dollar for local transactions.
Arbitration – Recognition and enforcement – Award denominated in foreign currency – Public policy – Effect of statutory instruments and Finance Act restricting foreign currency for domestic transactions – Award must specify conversion/prevailing rate
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11 October 2022 |
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Forfeiture set aside where transporter unaware of clearing agent’s false declaration and respondent offered no rational basis for discriminatory treatment.
Customs and Excise — forfeiture of vehicles — transporter’s liability — distinction between forfeiture and penalties under s 26 — requirement to exhaust internal remedies — prescription and notice to sue under ss 193 and 196 — equality before the law and rational basis for differential administrative treatment
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11 October 2022 |
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11 October 2022 |
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Referral granted on Police Act s70 (eight‑month prescription) but RTA s23 insurer limits not referred as inapplicable to the applicant.
Constitutional referral — s175(4) mandatory unless request frivolous/vexatious; Road Traffic Act s23(3)(b),(c) — insurer statutory limits (apply to passengers entering/alighting) — not referred as inapplicable; Police Act s70 — eight‑month prescription and notice requirement — potential denial of access to courts and equality — referred; doctrines: constitutional avoidance, subsidiarity, mootness; stay pending constitutional determination
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10 October 2022 |
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A trial officer’s opposition to a review and a terse, reason‑less ruling can create bias and warrant review and setting aside of the decision.
Administrative law — Review of quasi‑judicial proceedings — Duty of officer served with review application — Opposing affidavit by trial officer creates reasonable apprehension of bias — Requirement for reasoned rulings — Real and substantial justice — Rule 62(1); High Court Act ss 26–27
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7 October 2022 |
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An acknowledgement of debt in US dollars permits provisional sentence where the respondent provides no vitiating evidence.
Civil procedure – Provisional sentence – Liquid document – Acknowledgement of debt – Rule 14(1) – Caveat subscriptor – Renunciation of exceptions – Effect of SI 33/2019 and underlying transaction not determinative where acknowledgement is clear
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7 October 2022 |
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Review dismissed as time-barred under r 62(4) for failure to seek condonation and produce proof of later dismissal.
Review—procedural time limits—High Court Rules r 62(4)—review applications to be instituted within eight weeks—failure to seek condonation—court lacks discretion to extend time—dismissal of out-of-time review
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6 October 2022 |
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Claimant failed to rebut presumption of ownership; attached goods declared executable and costs awarded against claimant.
Interpleader — Sheriff attachment of movable property — Presumption that possessor is owner — Onus to rebut on balance of probabilities — Customary occupation insufficient without corroborating evidence — Property declared executable; costs awarded
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6 October 2022 |
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Claimant failed to prove ownership of seized goods; prior inconsistencies and non-disclosure defeated interpleader claim.
Interpleader proceedings — onus on claimant to prove ownership of seized goods (not mere possession) — proof by balance of probabilities — documentary proof of transfer required for trust claims — prior inconsistent statements and non-disclosure undermine credibility and may defeat relief
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6 October 2022 |
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Declaratory relief was prematurely sought in court despite a clear contractual arbitration clause; application struck off the roll.
Contract law – arbitration clause – mandatory referral of disputes to arbitration; declaratur under s14 High Court Act – jurisdictional limits where parties agreed arbitration; abuse of process – premature court application when domestic remedy available
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6 October 2022 |
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Court dismissed review of school's refusal of Lower Six places, finding no breach of natural justice or reviewable disciplinary process.
Education Act s68A; school disciplinary procedure; natural justice - audi alteram partem; legitimate expectation; mootness and court discretion; misjoinder; nemo judex in sua causa
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5 October 2022 |
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A registered operator cannot offset local-currency input VAT against foreign-currency output VAT absent statutory authorization.
Tax law – Value Added Tax Act – s 15, s 28, s 38(4) and s 38(9) – payment of tax received in foreign currency – prohibition on judicially creating cross-currency set-off – statutory interpretation – no implied right to convert local-currency input VAT to offset foreign-currency output VAT
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5 October 2022 |
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Divorce granted; assets divided, child custody to defendant, and US$600 monthly maintenance awarded for five years.
Family law — Divorce — Irretrievable breakdown; Matrimonial property — what constitutes family assets; Distribution of shares and immovable property; Indirect contributions and equitable division; Enforceability of unsigned settlement drafts; Post-divorce maintenance — need-based assessment and duration
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5 October 2022 |
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Application to impeach sale and transfer dismissed for failure to plead fraud, bad faith or purchaser knowledge and for lack of a cause of action.
Civil procedure — Sale in execution — Rule 359 — Challenge after confirmation and transfer — Must plead and prove fraud, bad faith or purchaser’s knowledge of defects to impeach sale; founding affidavit required to disclose cause of action; sheriff’s return of service prima facie correct
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5 October 2022 |
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Cancellation of mining certificate set aside for failure to comply with statutory notice and service requirements.
Mining law – Cancellation of certificate of registration – Section 50 Mines and Minerals Act – Mandatory notice requirements (grounds, proposed date, appeal advice) – Service by registered post – Proof of delivery – Postal and Communications Act – Procedural fairness – Review and setting aside of administrative decision
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5 October 2022 |
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High Court declined jurisdiction over a declarator seeking referral of a labour officer's ruling, leaving the matter to the Labour Court.
Labour law — Exclusive jurisdiction of the Labour Court — Declaratur and mandamus in labour disputes — Section 93(5A) Labour Act — Quasi‑judicial rulings and referral for confirmation — Procedural versus final rulings
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5 October 2022 |
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Applicant entitled to separate trial where joint trial would likely prejudice his defence due to incriminating co-accused evidence.
Criminal procedure – s 190 separation of trials – discretionary balancing of prejudice; right to fair trial; calling co-accused as defence witness; extra-curial statements/pointings-out admissible only against maker; joint trial vs procedural convenience
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5 October 2022 |
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Rescission refused: return of service prima facie, applicant failed to rebut, found in wilful default and lacked good cause.
Civil procedure – rescission of default judgment – Rule 29(1)(a) – validity of service on corporate entity – return of service prima facie proof – rebuttal burden – wilful default – credibility of founding affidavits
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4 October 2022 |