This is an appeal and a cross appeal against the arbitrator’s award. The employee Cheneso had approached the arbitrator after her suspension by the employer Green Motors had been declared unlawful by a court of law. The arbitrator ruled that she was entitled to certain benefits which he awarded her but declined her some for reasons spelt out in the arbitral award. More
On 20 July 2016 Clayhill Trading (Private Limited entered into an agreement of sale of a piece of land, namely Stand No. 11234 Darlington Extension, Mutare Township, measuring 1, 1759 hectares, with applicant and her late husband Washington Jekanyika. The purchase price was US$62 000-00. Clause 3 of the agreement of sale stipulated the payment plan: US$20 000-00 was payable against the signing of the agreement, US$20 000-00 was payable 3 weeks after the signing of cession papers. The balance of US$22 000-00 was going to be liquidated through monthly instalments of US$4, 000-00 commencing 30 September 2016. More
The appellant was convicted of contravening s 65 as read with s 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 5 years imprisonment of which 1 year was suspended on condition of good behaviour. More
On 12th March 2012 the Honourable A.J. Manase made an arbitration award. In terms thereof he dismissed Appellant’s claim against Respondent for unpaid salary. Appellant then appealed to this Court. More
This dispute involves a securities depository (“CDC”), a securities commission (“SECZ”), a stock exchange (“ZSE”) and the “Minister of Finance”. CDC seeks a review of a directive issued by SECZ on 15 October 2021 on the basis that SECZ (a) acted ultra vires the law and (b) failed to observe procedural fairness in issuing the directive . More
This is a court application in terms of section 52 of the Administration of Estates Act, Chapter 6:01 in which the applicant puts a challenge to the decision by the Master and seeks relief in the following terms:
“1. The Master’s decision in terms of a letter dated 27 February 2015 to the effect that Glassalla Farm, Centenary is not a matrimonial property in terms of section 3A of the Deceased Estates Succession Act {Chapter 6:02} be and is hereby set aside.
2. Applicant be and is hereby declared to be the sole beneficiary of a certain piece of land... More
This is an application for quantification of damages. It is based on a judgment by CHIVIZHE J whose operative part reads as follows:
“In the circumstances the appeal ought to be dismissed. The decision by the General Engineering Committee and indeed the decision by the Works Council clearly cannot stand. The Respondent shall be reinstated into employment with effect from the date of the wrongful termination of contract, being 24th March, 2009. The Appellant shall pay to the Appellant (sic) the salary and benefits from that date to the date of this order. ……………………………… In the event however that reinstatement... More
This application was first filed on 13 December 2017 wherein the applicant seeks admission to bail pending appeal. The application was either withdrawn or struck off the roll several times on account of the applicant’s failure to file the record of proceedings. It suffices to record that after all the delays in the hearing of the bail application, it turned out that the application could not be heard anyway because on 21 September 2020 after I had requested for the appeal record CA 648/16 for perusal and to confirm that the applicant’s appeal was still pending given the time of... More
The common cause facts are that a vehicle, Isuzu KB single cab registration number DZT 234L with a venter box trailer registration number BKZ 2257L with temporary import permit reference number ZWBBPV17711 of 29.05.2022 issued in the name of a South African national, Mteki Zotha found its way across the border between two countries into Zimbabwe. The vehicle was in the custody and possession of the applicant. More
At the hearing of this matter the applicant raised three points in limine against the 1st and 2nd respondents and moved that they should remain barred and judgment be granted in his favour against them as prayed.
The first issue was that the 2nd respondent filed its opposing papers out of time and was automatically barred. It should have applied for the upliftment of the bar but it did not. It was served with the court application on 16 December 2003 by the Deputy Sheriff. The dies induciae expired on 5 January 2004. The 2nd respondent only filed its notice... More
In this court application, applicant seeks the eviction of 1st respondent and all those claiming the right of occupation through her from House No. 23/12 Mbizo, Kwekwe (property), and costs of suit on a legal practitioner and client scale. The application is opposed by the 1st respondent.
The background to this matter is that, on the 16 November 2006, applicant entered into an agreement of sale with one Jaison Kamutatu (now late). The subject matter of the agreement was House No. 23/12 Mbizo, Kwekwe. The property was transferred into the name of the applicant on the 5th January 2007. Jaison... More
At the conclusion of the trial on 18 October 2022, counsels agreed to file written heads of argument. Mr Zenda undertook to file heads on behalf of the plaintiff by 24 October 2022 and he complied with his undertaking. Mr Mahuni undertook to file heads on behalf of the defendant by 28 October 2022. At the time of writing this judgment on 1 November 2022 no such heads were filed neither was there any explanation for such failure from Mr Mahuni. The court can only express its displeasure at such failure but nevertheless proceed to prepare its judgment. More
On the 24th of July 2012 one Mubarak Aete Khan (now deceased) was driving the third plaintiff’s Toyota Land Cruiser Motor Vehicle registration number AAN 8105 along the Harare-Gweru road with the first and second plaintiffs in the same motor vehicle. The deceased was the first plaintiff’s husband. At the 272 kilometre peg there occurred a head on collision between the first defendant’s FLB Freightliner Motor Vehicle registration number RLM693 GP trailer number ZMP 061 GP being driven by the second defendant and the vehicle driven by the now deceased. More
The applicant and the first respondent were at the material time parties to a long lease agreement. The applicant leased a plot known as Stand 554 Chirundu Township, measuring 198.5 hectares (“the property”) from the first respondent, for the purpose of carrying out the business of fish farming. The lease was set to lapse in 2054. The first respondent cancelled the lease in October 2016, alleging gross underutilisation of the property. More
The first and second defendants have made an application for the dismissal of the plaintiffs’ claims against them, on the basis that there has been an abuse of the process of the court on the part of the plaintiffs. In addition, due to the absence of a legal practitioner acting on behalf of the first, second and third plaintiffs on the date scheduled for the trial before me, it is contended that the named plaintiffs were in default of appearance, and that therefore, in the event that I am not persuaded to dismiss the claim on the first argument advanced,... More
