TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) and 14 Others

HMA 47-19

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Case Details

Court

Masvingo High Court

Date

16 October 2019

Citation

HMA 47-19

Neutral Citation

[2019] ZWHMA 47

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Labour LawCivil Procedure

Keywords

union duestrade union factioninterim interdictmaster of the high courturgency

Key Issues

{"issue_text":"Whether the application is urgent and deserves to be heard on an urgent basis.","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants filed amended draft order late; legal obligation to pay dues monthly; factional fighting."}
{"issue_text":"Whether the draft order is final in nature or a valid interim interdict.","issue_type":"law","dispositive":"yes","related_facts":"The order seeks to deposit funds pending resolution of SC 518/19."}
{"issue_text":"Whether the applicants are entitled to the relief sought, namely depositing union dues into the Master of the High Court Trust Account.","issue_type":"law","dispositive":"yes","related_facts":"The existence of two warring factions and conflicting demands for funds."}

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Facts of the Case

Background

The applicants, two sugar companies, sought an urgent order to deposit trade union dues into the Master of the High Court's trust account pending the outcome of an appeal (SC 518/19) against a High Court judgment (HMA 38/19). This was due to a bitter factional battle for control of the 1st respondent trade union, which left the applicants with conflicting demands for the union dues and a legal obligation to pay them.

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