The respondent was employed by the applicant as Head Administration: As part of his employment benefits he was allocated a motor vehicle for his duties namely a Toyota Hilux registration number ABD 8617 (the vehicle). On 3 June 2011, the applicant terminated the respondent’s contract of employment following disciplinary proceedings in terms of the National Code of Conduct. When the respondent was on suspension he was allowed to use the vehicle. The respondent challenged the dismissal by noting an appeal to the Labour Relations Office. The matter is still pending. The applicant then instituted the present proceedings seeking to recover... More
On March 2008 the plaintiff and the defendant entered into a lease agreement. The plaintiff leased to the defendant 584 square metres of the 1st floor of Runhare House, Harare. The plaintiff and Communications and Allied Industries Pension Fund are owners of stand number 14940 Salisbury Township, which houses the leased premises (ie 584 square metres of the 1st floor of Runhare House, Harare.) Initially the defendant was paying rent in Zimbabwe dollars. The position changed in February 2009 when a multi-currency regime was ushered in by Government. More
The plaintiff issued summons against the defendant claiming payment of US$ 23 000.00 (Twenty three thousand dollars) as damages or replacement value of the plaintiff’s vehicle. The defendant in his plea to the claim denied liability on the basis that he never dealt with the plaintiff but with the plaintiff’s wife one Violet Temba. He said he received the said vehicle from the plaintiff’s wife who is the defendant’s sister. By arrangement with his sister he paid to ZIMRA duty for the said vehicle and his sister failed to refund him an amount of $5 000.00 that he had paid... More
On 1 November 2018 the applicant’s three motor vehicles, a Mercedes Benz AEK 1985, a Mazda T3500 ABG 8923 and a Vintage Dodge ACB 8557 were attached by the first respondent, the Sheriff and were due to be removed on 7 November 2018. This prompted the applicant to file the present urgent chamber application for stay of execution on the ground that the attachment which was done by the Sheriff is null and void because he has already paid all his dues to the second respondent, Maparahwe Properties (Pvt) Ltd and the third respondent, Norton Town Council. More
The applicant and one Phillip Chigumira, who is now deceased, were business partners with equal shareholding of 50% each in an entity called Maurizim Investments (Pvt) Ltd (hereinafter referred to as Maurizim or the company). They acquired an immovable property called Stand 10245 measuring 2383 square metres (the property). The property was registered in the name of the company. Following the demise of the late Phillip Chigumira in 2011, his estate was registered with the second respondent under DR 1265/11. The first respondent was appointed the Executor Dative. More
