This judgment disposes of two applications involving the same parties filed under case numbers. HC 1381/21 and HC 1497/21. In case number HC 1381/21, the applicant is Associated Mine Workers Union of Zimbabwe. The respondents seriatim are Mazowe Mining Company (Pvt) Ltd (Under Corporate Reserve); Reggie Saruchera; Cecil Madondo and Master of High Court. Reggie Saruchera and Cecil Madondo were both appointed by this court as respectively lead and subordinate corporate rescue practitioners of Mazowe Mining Company (Pvt) Ltd. The Master was also made a respondent to comply with procedural law. More
This court held many years ago per MAKARAU J (as she then was) that “…so trite is this proposition or so settled is this position at law that no authority need be cited” . The proposition in question being the requirement that a party purporting to represent a company in legal proceedings must proffer as authority to so act, a valid resolution passed by the company`s directors. More
The plaintiffs issued summons against the defendant for damages for psychological trauma, pain and suffering allegedly caused to the first and second plaintiffs arising from Air Carriage. The allegations are that the first and second plaintiff who are minors, travelled on the defendant’s airline to South Africa on 30 March 2016. More
The appellant appeals against her conviction and sentence. She denied that she had stolen US$24 000, 00 from her employer but, after a trial, she was convicted and sentenced to 4years imprisonment of which 6 months were suspended for 5 years on condition of good behaviour and 36 months on condition she makes full restitution of the whole amount through the clerk of court on or before 30 April 2012. There is an order annexed to the sentence requiring “household property to be returned to accused.” More
The application for bail pending appeal against both conviction and sentence was dismissed on the basis that the conviction was well sounded on evidence adduced before the court and that the trial court properly exercised its sentencing discrepancy and came up with an appropriate sentence in the circumstances. More
