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)

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

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Parties

Reward Kangai

Applicant

NetOne Cellular Private Limited

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Urgency

  1. 1 Whether the application is urgent and warrants suspension of ordinary court rules
  2. 2 Whether the applicant has no satisfactory alternative remedy
  3. 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