The application before me is of great moment. It relates to current events on challenges to judicial appointments to superior courts of Zimbabwe. It is common cause that there has been and there are currently on going litigations in other pending cases on the issue of the said appointments. This application is therefore of public interest. It is specifically concerned with the appointment of judges of the Supreme Court and Constitutional Court in Zimbabwe. More
This is an appeal from the judgment from the Magistrates Court convicting the appellant of culpable homicide as defined in S 49(a) of the Criminal Law ( Codification and Reform) Act [Chapter 9:23]. The sentence imposed was 5 years imprisonment of which I year was suspended on the usual condition of good behaviour. The appellant was also prohibited from driving for 5 years and his drivers licence cancelled. The sentence has also been challenged on appeal. More
At the onset of oral argument in this Court, respondent raised three (3) points in limine which appellant opposed. The points shall be dealt with ad seriatim. More
This is an appeal against the decision of the appeals committee of the Zimbabwe Platinum Mines. The appellant raised six grounds of appeal. Four of them fell by the wayside on preliminary points. A fifth was abandoned. Only one ground was left for considerations. More
This is an appeal against the decision of the appeals committee. The appellant was brought before the company disciplinary committee facing five charges. He was found guilty and a penalty of dismissal was imposed. He appealed to the appeals committee. The committee upheld the decision of the disciplinary committee. More
On 15 November 2022, I delivered an order to the effect that:
“1. The application for review be and is hereby granted.
2. The determination by the 1st Respondent, which was delivered on the 19th July 2022 be and is hereby set aside.
3. The proceedings that led to the determination in clause 2 above be and are hereby quashed in their entirety and that the matter is remitted back for rehearing by a different administrative authority appointed by the 3rd respondent or his assigned delegates.
4. There shall be no order as to costs.” More
This is an appeal against sentence. The appellant was charged with possession of 1.2kg of dagga as defined in s 157 (1) (a) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was convicted on his own plea of guilty by the magistrate sitting at Harare. He was duly convicted and the conviction is hereby confirmed. More
The plaintiff issued summons against the defendants on a suit involving One million United States dollars which amount was advanced to the first defendant to fund her business. Wherefore plaintiff’ claim against all defendants jointly and severally, the one paying the other to be absolved is for
1. Payment of the sum of US$ 1 000 000.00
2. Interest thereof at the rate of 18% per annum from December 2011 to the date of full and final payment
3. An order declaring specifically executable the remaining extent of stand 7489 Salisbury Township, measuring 583 square meters held by Glowrm Investments... More
In December 2011, the applicant lent and advanced an amount of One Million United States Dollars (USD$1 000 000.00), (hereinafter referred to as the loan) to the first respondent to fund its cotton seed purchase for the 2012 buying season. The second to the sixth respondents executed personal guarantees in respect of the transaction that bound them as guarantors of the loan. They jointly and severally bound themselves in varying amounts in respect of the loan. In addition, the respondents also bound themselves as sureties and co-principal debtors for a punctual re-payment of the loan. The seventh respondent tendered stand... More
The applicant’s complaint is that it has been constructively evicted from premises that it has been leasing for a very long time. It contends that it was in peaceful and undisturbed possession of the premises until it was despoiled by the respondent through its officials who sealed off its pumps on 19 September 2013. Resultantly, it can longer operate the service station that it was operating as the pumps are sealed off. It also contends that the respondent by its action has resorted to self-help which the law frowns upon. It is contended that the respondent ought to have followed... More
1. This is an appeal from the judgment of the Chitungwiza Magistrates Court convicting the appellant on a charge of fraud as defined in s 136 (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 36 months imprisonment the whole of which was suspended on conditions of good behaviour, restitution and the performance of community service. The appeal is against the conviction only. More
Plaintiff issued summons on 12 November 2015 against 1st and 2nd defendants for :
“(a) An order declaring the verbal agreement of sale entered into between plaintiff and her late husband Richard Roberts on one hand and Lindy Gunn on the other in March 2004 regarding stand number 41 Hillside South Township 3 of Subdivision 5W of Matsheumhlope also known as 4 Clocolan Road, Burnside, Bulawayo binding on 1st and 2nd defendants for all intents and purposes.
(b) An order that 2nd defendant signs all papers that need to be signed in any public office, be it City of Bulawayo,... More
This is an application for rescission of a default judgment entered against the applicant on 22nd May 2023. It is opposed. The background of the matter is that the applicant is a former employee of the respondent. The applicant alleged that the respondent did not pay her terminal benefits when the parties parted ways .The matter was taken to a designated agent
.The designated agent dismissed the applicant’s claim. The applicant then approached this Court on review and the matter was struck off the roll for non- compliance with the Rules . She then made an application for reinstatement of... More
This is an appeal against the decision of the learned Magistrate in terms of which respondent was granted custody of his two minor children following the breakdown of the parties unregistered customary union sometime in May of 2009.The breakdown of their marriage had resulted in respondent moving out of the matrimonial home in Queensdale, Harare. Appellant remained behind and respondent continued to pay rentals for his wife and children as well as maintaining them. The couple had been blessed with twin boys who were seven years old at the time of the parties’ separation. Sometime after separation, respondent says he... More
