The appellant was formerly employed by the third respondent (Cairns Foods Limited). In 2004, he obtained judgment in the Labour Court for damages for unlawful termination of employment totaling ZW$26,076,252.00. Before payment could be made, the third respondent was placed under judicial management, with the first respondent (who worked for the second respondent) appointed as Judicial Manager. The appellant filed a claim with the Master of the High Court to be placed on the third respondent's creditors' list. The claim was provisionally accepted but later revoked because the appellant had lodged his claim in US dollars (USD3,057,199.00) without a court order converting his Zimbabwean dollar claim to US dollars - he had done the conversion himself. The appellant then approached the High Court seeking reinstatement on the creditors' list. The High Court dismissed the application on 21 July 2016, finding that (a) the third respondent was no longer under judicial management when the application was filed, so the relief could not bind the first respondent; and (b) the claim was not properly converted at law. The appellant appealed to the Supreme Court.
The appeal was dismissed with costs. The judgment of the High Court dated 21 July 2016 dismissing the appellant's chamber application for reinstatement of his claim on the third respondent's creditors' list was upheld.
A notice of appeal must comply with Rule 29(1)(e) of the Supreme Court Rules by stating the exact nature of relief sought, which must include an express prayer for the success of the appeal before the lower court's judgment can be set aside and substituted. A party cannot seek on appeal relief that was not sought in the lower court unless exceptional circumstances exist where all relevant facts were available to the lower court and are common cause or incontrovertible. A claim denominated in one currency cannot be converted to another currency without an order from a competent court - self-conversion by a claimant is insufficient for inclusion on a creditors' list. Costs cannot be sought against parties from whom no substantive relief is sought. Where a company is no longer under judicial management and the judicial manager's appointment has ended, relief cannot be sought against the former judicial manager in that capacity.
The Court distinguished between striking off an appeal for procedural defects versus dismissing it on the merits. The Court observed that while previous cases (such as Ndlovu v Ndlovu SC 133-02) had resulted in matters being struck off the roll due to defective notices of appeal, in this case dismissal was appropriate because the appeal was not only procedurally defective but also wrong and bad in law. The Court noted that striking it off would be inappropriate because the appellant had no legal or procedural avenue to bring the same appeal again, given that the fundamental legal obstacles (no judicial management, no valid currency conversion, improper parties) could not be remedied. The Court also commented on the impropriety of suing an employer (second respondent) merely because the actual party of interest (first respondent) worked for that employer.
This case provides important guidance on compliance with Supreme Court Rule 29 regarding notices of appeal in Zimbabwe. It clarifies that Rule 29(1)(e) is mandatory and requires exact specification of relief sought, including an express prayer for the success of the appeal before seeking substitution of the lower court's order. The case also reinforces the principle that appellate courts generally will not grant relief that was not sought in the lower court, absent exceptional circumstances. It demonstrates the importance of obtaining proper court orders for currency conversion in creditor claims, particularly in the context of Zimbabwe's currency transition. The case also illustrates that courts will dismiss (rather than strike off) appeals where the defects are fundamental and the party has no legal avenue to re-present the matter.