Kangai v NetOne Cellular (Pvt) Ltd. (HC 3538 of 2017; HH 325 of 2017; Ref HC 11003 of 2016) [2017] ZWHHC 325 (24 May 2017)
The applicant failed to demonstrate the absence of a satisfactory alternative remedy, as he has a pending declaratory application and other remedies such as damages or reinstatement. Therefore, the matter does not meet the threshold for urgency.
- Citation
- [2017] ZWHHC 325
- Parties
- Applicant: Reward Kangai; Respondent: NetOne Cellular Private Limited
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 24 May 2017
- Case Number
- HC 3538 of 2017 ; HH 325 of 2017 ; Ref HC 11003 of 2016
- Procedural Posture
- Urgent Chamber Application / Ruling on Urgency
- Outcome
- Application dismissed for lack of urgency
- Legal Topics
- Urgency in Applications, Termination of Employment, Interdicts, Declaratory Relief
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Reward Kangai
Applicant
NetOne Cellular Private Limited
Respondent
Procedural Posture
Urgent Chamber Application / Ruling on Urgency
Legal Issues
- 1 Whether the application is urgent and warrants suspension of ordinary court rules
- 2 Whether the applicant has no satisfactory alternative remedy
- 3 Whether the applicant will suffer irreparable harm if the relief is not granted
Ratio Decidendi
The applicant failed to demonstrate the absence of a satisfactory alternative remedy, as he has a pending declaratory application and other remedies such as damages or reinstatement. Therefore, the matter does not meet the threshold for urgency.
Court Disposition
Application dismissed for lack of urgency
Orders
- Costs shall remain in the cause
Full Case Text
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