DUBE-BANDA J: This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. In this case, plaintiff sued out a summons against the defendants, praying for judgment in the following terms:-
1. Damages in the sum of $20 000.00; arising out of the arbitrary violation of the plaintiff’s right to privacy and dignity; and failure of the Police Service to diligently perform their constitutional obligations.
2. For the payment of the claim, the defendants are jointly and severally liable for the claim one paying the others to be absolved.
3. Payment of... More
This case seems to epitomize the extent to which an employer can go in a bid to prevent payment of what is due and owing to a hapless employee. In order to ensure capitulation the employers’s entire machinery i.e. legal, financial and human resources is unleashed on the bemused employee, contrary to the supposed benign nature of human kind. Perhaps, this is what Capitalism or malignancy is all about, but is the defendant not a public entity not solely run for profit? One wonders. More
KABASA J: On 5th March 2020 the plaintiff issued summons against the defendant claiming the following: -
“1. An order compelling the defendant to transfer the property being Stand Number 177 Harrisvale Bulawayo to the Estate of the Late Patrick Hove.
2. The defendant to pay the costs of suit.”
The background to the claim is largely common cause. It is this: -
On 25th June 2013 the late Patrick Hove, “Hove” entered into an Agreement of Sale with the defendant for the purchase of stand number 177 John Makunga Township of Lot 1 of Hundred Acre Lot John Makunga... More
The major issue to be decided in this case is whether a party is entitled to seek audience in order to make oral submissions on urgency where a judge has made a decision that the matter is not urgent and ordered that the case should be struck off the roll of urgent matters with reasons which appear on the face of such order. In the case at hand, the applicants filed an urgent chamber application on the 17th of July 2024 seeking an interim order to interdict the 1st and 2nd respondents from carrying out mining activities at the disputed... More
On the 6th of April 2021, the plaintiff caused a summons to be issued from this Court praying for a decree of divorce, and sharing of marital property. Maintenance was to continue being regulated by the extant order of the Kwekwe maintenance court. The defendant entered an appearance to defend and the matter progressed to trial leading to this judgment. More
