This is an appeal against a judgment of the Magistrates Court which was seized with determining the appropriate award between the parties, of the immovable property stand number 4078 Manyame Park, Chitungwiza after the dissolution of the tacit universal partnership between them. More
The background to the dispute is decipherable from the applicant’s founding affidavit. It is as follows. The second respondent herein instituted action proceedings against the applicant under HC 11725/16 in terms of which the second respondent, as the plaintiff therein claimed against the applicant, as defendant in those proceedings, the sum of US$58 500 being the balance due in respect of some 1 500 army rucksack bags manufactured and delivered to the applicant herein at the applicant’s instance. The second respondent also claimed interest on the said amount plus costs of suits on a legal practitioner and client scale. At... More
The applicant has approached this court seeking a declaratur to the effect that she be paid what is owed to her by her former employer, the respondent, in United States Dollars. She also seeks that the court declares her employers’ conduct of seeking to pay her dues in Zimbabwean dollars unlawful. The application is opposed.
The facts of this matter are clearly straight forward and are not in contention. The applicant herein was formerly employed by the respondent on a contract basis as the Executive Director. Upon the termination of her employment contract she sought payment of her salary arrears... More
The three cases above listed were placed before me on automatic review. On 12 March 2021 I issued a directive that the records be transcribed because I had difficulties in reading the handwriting of the learned provincial magistrate T. Chifamba, Esquire. The learned provincial magistrate dealt with all the three cases at Bindura Magistrates Court on guilty plea procedure. All the three cases suffer from the same procedural defect in the proceedings. The learned provincial magistrate did not comply with the peremptory provisions of s 271 (3) of the Criminal Procedure & Evidence Act, [Chapter 9:07]. More
The plaintiff is the owner of house number 10 Capri Road, Highlands Harare (“the premises”) which he let out to the first defendant by written lease agreement signed on 15 October 2008 through the agency of Vercham Real Estate. The lease agreement expired on 30 September 2009. More
