The applicant, a legal entity which is registered in terms of the laws of Zambia applied to review the decision of the respondent, a corporate body which is established in accordance with the Revenue Authority Act of Zimbabwe. Its grounds of review are three. They are that:
i)the respondent’s forfeiture of its techno mobile phones is grossly irregular on account of the allegation that the respondent failed to take into account the fact that the applicant was not involved in the violation of the Customs and Excise Act [Chapter 23:02] (“the Act”)
ii)the respondent’s forfeiture of the applicant’s mobile phones... More
The first and third respondents are business partners. Some time ago, the date has not been specified, the two agreed to enter into a joint venture involving gold mining in the country. The first respondent a foreign national then joined forces with the third respondent and others culminating in the formation of the second respondent and its subsequent incorporation as a limited liability company. There is some dispute as to whether or not the third respondent is a director in the second respondent, but in my view that dispute is not pertinent for the resolution of this application. At any... More
In the application before me, the applicant seeks specific performance of an employment contract. The background facts are not heavily disputed, hence, I will highlight them in brief. The applicant was employed by the respondent as corporate Secretary until the 31 March 2020, when his contract was terminated on notice. In terms of the agreement (hereinafter called “the 2015 contract”), the applicant was employed for a fixed period of four (4) years. The contract gave him a number of benefits specified in clause 10, which I now summarize below: More
The applicant and respondent conducted a relationship. As a result, two children were born. The applicant avers that he was customarily married to the respondent, who is his common law wife’s sister. Pursuant to their customary law marriage, he had secured for his young family a house in a low density suburb in Harare, a short distance from where he lived with his other family. The respondent disputes that she was his customary law wife. She avers that he bought the house so that she together with the children, enjoy a comfortable standard of living. It was a settlement to... More
This is an application for rescission of two default judgments granted in favour of the respondent in case numbers HC11700/16 and HC 11701/16 respectively on 24 April, 2017 against the applicants jointly and severally the one paying the other to be absolved for payment of the sums of US$1 232 672 and US$2 070 908.03. The judgments ordered payment of interest and costs on the amounts of the judgment. Further, in case number HC 11700/16 an immovable property called stand 896 Glen Lorne Township of 23 Lot BC Kambanyi held under Deed of Transfer number 492/2009 by one Rodney Ndangariro... More
