The law relating to requests for referral of a constitutional issue in terms of s 175 (4) of the Constitution of Zimbabwe is now well settled. The section makes it mandatory that a person presiding in any court subordinate to the Constitutional Court refers the question to the apex court when requested to do so by a party unless he/she finds that the request is frivolous or vexatious. It is a matter not in the discretion of the judge or magistrate whether or not to refer. The provision is mandatory. It is only a finding on the frivolity or vexatiousness... More
This application seeks the Urgent intervention of this Honourable Court to stop the clear violation of the law with impunity, and the continued violation of property rights, being perpetrated against the applicant by the first and second respondents and those claiming through them. More
On 18 October 2012, I pronounced my decision in this case. I indicated my reasons would follow. Here they are:
The plaintiff originally issued summons in this court on 24 October 2005 against the defendant seeking an order to compel the defendant to return her property which had been deposited with the defendant for safe keeping when the plaintiff left this country for the United Kingdom. More
On 27 September 2006 the plaintiff wife sued her husband for divorce and other ancillary relief out of this court. He contested the suit and counter claimed for divorce but with different ancillary relief. More
This is an opposed application for rescission of judgment which has its genesis in the dismissal of the applicant Patricia Mapini, from employment by the respondent, Omni Africa. The applicant was engaged as a Sage Pastel Sales Executive by the respondent. The working relationship soured when the respondent terminated the applicant’s contract of employment on the basis of certain allegations it made against her. Aggrieved by what she considered to be unfair dismissal, the applicant sought resolution of the matter through compulsory arbitration. She obtained a default judgment for the sum of US $36 064.00 on 29 June 2012. The... More
