CHIEF Justice Godfrey Chidyausiku last week came to the rescue of the Rainbow Tourism Group (RTG) after he issued an interdict order stopping the auctioning of the hotel group’s property over a $40 000 debt owed to a former employee.
SENIOR COURT REPORTER
The Deputy Sheriff in Harare had attached RTG goods after the group’s former employee Farai Kabasa successfully challenged the termination of his contract and registered the Labour Court ruling as the final order for a writ of execution at the High Court.
Kabasa had had his contract unprocedurally terminated by the hotel group in 2012.
Faced with the danger of losing its goods through execution, RTG made an urgent chamber application for an interdict to stay execution pending the determination of its appeal at the Labour Court, but the relief sought was dismissed.
In dismissing RTG’s application, the Labour Court concluded that it had no jurisdiction to entertain the application for interim relief as Kabasa’s award had become a High Court order through registration.
RTG then approached the labour Court again seeking leave to appeal to the Supreme Court, but its application was dismissed.
Justice Chidyausiku said: “It would appear to me that this is an issue which is awaiting final determination by the Supreme Court in due course. Given the uncertainty of the law pending the determination by the Supreme Court, I am satisfied that the learned judge of the Labour Court misdirected herself in refusing applicant [RTG] leave to appeal to the Supreme Court.”
“Accordingly, I grant the applicant leave to appeal to the Supreme Court.”
Commenting on the RTG’s application of stay of execution, Justice Chidyausiku said the court was satisfied that in the event of the Supreme Court deciding in favour of RTG’s contention, then it would have a real right and its entitlement to interim relief inevitable.
“The second respondent [Sheriff Harare] be and is hereby interdicted from selling in execution the applicant’s movable goods in pursuit of the writ of execution issued by the High Court,” Justice Chidyausiku ruled.