Stare decisis is part of the jurisdiction of this court and indeed of many jurisdictions the world over. Its meaning and import are not only clear. They are also straight forward. Stare decisis, in simple terms, stresses the obvious. The obvious is that an inferior court is bound by the decision(s) of the superior court. The inferior court cannot, by parity of reasoning, ignore or wish away the decision(s) of the superior court unless it can show, in its attempt to wish away such, that the circumstances of the case which the parties placed before it are distinguishable from those... More
In 2013 Zimbabwe celebrated the birth of a new Constitution. It is an epoch in the life of Zimbabweans. The new Constitution also brings with it certain obligations on institutions and other office bearers. It is such obligations that the applicant brings this application against the respondents seeking an order in the following terms:
“IT IS ORDERED THAT:
1. The first respondent’s failure to enact an Act of Parliament stipulated in section 198 (a) of the Constitution of Zimbabwe was a breach of section 324 of the Constitution.
2. The first respondent be and is hereby ordered to enact a... More
The second defendant has filed a special plea to the plaintiffs’ claims.
The plaintiffs’ claims are based on the following synopsis. The first defendant is the Local Authorities Pension Fund, a registered Pension Fund. The second defendant is the plaintiffs’ former employer. The plaintiffs brought an action for payment of $1 570 783.20 being total benefits due and payable to them by the first defendant in terms of pension contracts entered into in respect of their retirement from service of the second defendant. More
At the center of the dispute of the applicant and the first respondent (“the parties”) is a piece of land which is situated in the district of Salisbury called Stand 223, Marimba Park Township, Marimba Park, Harare (“the property”). It is 2011 square meters in extent. It is held under Deed of Transfer 3607/21. More
The adage, “rest in peace”, expressed as R.I.P is often used when a loved one passes on. I have often wondered whether it is always appropriate in all instances given the nature of disputes that will be simmering during the life time of the deceased which often turn into an all-out-battle after death. In the process, estates are not finalised in the expected six months period. As a matter of fact, some estates take years to be finalised as in this present matter in which the deceased passed away on the 21st of March 2001. Letters of administration were issued... More
