Tichaona Mudzingwa and Others v Kimberworth Investments (Private) Limited t/a Sabi Gold Mine and Another

HMA 23-23

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Case Details

Court

Masvingo High Court

Date

5 July 2023

Citation

HMA 23-23

Neutral Citation

[2023] ZWHMA 23

Outcome

unknown

Case Type

Civil Judgment

Bench

Presiding

ZISENGWE J

Full Bench

ZISENGWE J

Areas of Law

Administrative LawCivil Procedure

Keywords

Review applicationExecution pending appealMootnessEjectmentLabour dispute

Key Issues

{"issue_text":"Whether the review application has become moot following the ejectment of the applicants from the premises","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants were ejected from the houses after the urgent application was struck off"}
{"issue_text":"Whether the obtainment of the warrant of ejectment was tainted by illegality","issue_type":"procedural","dispositive":"no","related_facts":"The 1st respondent obtained a warrant and ejected applicants after their urgent application was struck off"}
{"issue_text":"Whether the Magistrates' Court erred in granting execution pending appeal","issue_type":"law","dispositive":"no","related_facts":"The Magistrates' Court granted execution pending appeal on 10 May 2023"}

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background

Facts of the Case

Background

The applicants were employees of the 1st respondent whose employment was terminated in 2018. They challenged the termination with a labour officer who ruled their contracts were still extant. The 1st respondent obtained an eviction order from the Magistrates' Court, which the applicants appealed. The High Court struck the appeal off the roll, and the applicants appealed to the Supreme Court. The Supreme Court remitted the matter to the High Court to determine jurisdiction. Meanwhile, the Magistrates' Court granted execution pending appeal, leading to the applicants' ejectment. The applicants sought a review of this decision.

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