The first and second plaintiffs are husband and wife. But for seven years from 2003 to 2010 the second plaintiff [“Herbert”] cohabited with the defendant [“Kudzanai”]. Much of that cohabitation was at a property situate Stand 453 Northwood, Mberengwa Business Centre, Mberengwa.
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The applicants seek the following relief: -
1. The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quoante is restored.
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In the general election held in the country on 30 July 2018, the applicant was one of five candidates that contested for a Parliamentary seat in the House of Assembly in the constituency known as Mutasa North, Manicaland Province. The other four were respondents 2, 3, 4 and 5. The first respondent is the Chairperson of the Zimbabwe Electoral Commission (“ZEC”), an independent commission established by s 238 of the Constitution of Zimbabwe and tasked with several functions including the holding of elections in the country.
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ZISENGWE J: The applicants and the first respondent lock horns over a number of issues related to the rather acrimonious end to their mining tribute agreement, chiefly being the propriety of its termination by the first respondent. The broad framework of the tribute agreement was that the first applicant as tributor would be allowed to work (and extract ore) on certain of the respondent’s (as grantor) mining claims. In exchange, the first applicants would pay the first respondent a certain agreed monthly royalty. The mining claims to which the tribute agreement relates were identified as Rolly 11 (Reg No..PM21368), Rolly...
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