The applicants are employees of the Public Service Commission (PSC) employed as either law officers or public prosecutors and assigned to the prosecution department of the Attorney-General’s Office. The applicants are also executive committee members of the Zimbabwe Law Officers Association (ZILOA), whose membership at a meeting held on 18 September 2011 resolved to embark on a work stoppage from 4 October, 2011 if certain grievances were not met by the PSC. The work stoppage did take place as resolved, and some of the applicants, as spokespersons of the association, gave media interviews on behalf of their membership during the... More
On the 25 of October, I handed down an ex tempore ruling in which I dismissed the applicants’ claim. At that point, the applicants were represented by James Majatame Attorneys At Law. It appears that the applicants have now secured representation from Mugiya and Muvhami Law Chambers who have written requesting an upliftment of the judgment. This is a curious fact as Mugiya and Muvhami Law Chambers were representing the first respondent at the time the matter was heard before me, as evident from the record. It is improper for Mugiya and Muvhami Law Chambers to switch camp at this... More
The two applicants are sister companies. In fact the second applicant is a management vehicle of the first applicant and they are represented by Michael Fowler who doubles up as a director of both of them. He has deposed to the founding affidavit in support of this summary judgment application on behalf of both of them. They seek an order for the eviction of the first respondent, a mining cooperative currently in occupation of and mining gold claims registration numbers 12731G, 12734G and 21715 BN situated in Chegutu, from those mining claims. The application is opposed by the first respondent... More
OPPOSED APPLICATION
CHIRAWU-MUGOMBA J: The applicant seeks an interdict in terms of s8(1) of the Trade Marks Act ( Chapter 26:04), the ‘Act’. However, the correct section is 9A but this is neither here nor there. The applicant’s case as pleaded is very simple. She contends that since the 31st of May 2024, she is the registered proprietor in the Republic of Zimbabwe, Botswana, Mozambique and Malawi of the trademark FESO under AP/M/2023/005745 in classes 1, 3 and 35 in respect of hair products. She attaches a copy of the certificate of registration which shows that the mark is registered... More
The plaintiff in this matter, Letwin Kadiyo, lays monetary claims against the defendant for US$32 500.00 and US$20 000.00 based on a tacit universal partnership that she says she had with Kudakwashe Naison, the defendant. The plaintiff met the defendant in 2013 at a time when each used to sell his or her own wares at a market called Gulf Market in Harare’s central business district. She sold shoes and he sold cell phones. They fell in love. They started cohabiting in 2014 with his parents. He continued with his business and she did the same with hers. Each at... More
