Plaintiff claimed that in or about October 2009 defendant, through its employees, unlawfully and wrongfully removed electrical gadgets from her farm in Nyazura.
On the employees being apprehended, defendant went on to make a total of four undertakings to restore electricity supply at the farm.
The undetakings were accompanied by assurances to plaintiff to proceed with her farming activities as the restoration of electricity would enable her to irrigate her crop.
On the basis of the undertakings the plaintiff, who had planted ten hectares of tobacco, went on to plant an additional twenty hectares of tobacco and twenty five hectares... More
MATHONSI J: The defendant, who is the excipient in this matter, is an incorporation, charged with the transmission and distribution of electricity in this country it being a subsidiary of ZESA Holdings Limited. The plaintiff is a commercial farmer performing her trade at subdivision 1 of Dagbreek farm in Nyazura, where she is engaged in the growing of tobacco and sugar beans. More
This was an appeal against an order of eviction granted by the court a quo in favour of the respondent against the appellant. The order of eviction was in relation to certain premises, a dwelling house, situate Shabani Mine, Zvishavane, owned by the respondent but which had at all relevant times been allocated to, and was occupied by, the appellant by virtue of his employment with the respondent. More
This is an appeal against the decision of the Children’s Court for the Province of Mashonaland sitting at Harare. Appellant and respondent are married and their marriage was blessed with two minor children. On or about March 2022, appellant moved out of the matrimonial home with the children and did not disclose where she was relocating to. In May 2022 respondent wanted to take the children for interviews at Peter House School and approached the lower court for access which was granted. Respondent averred in the lower court that on being granted access to the children, he noticed that the... More
The following facts are common cause. On 22 January 2010 the parties entered into an agreement in terms of which the applicant lent the sum of US $9 500-00 to the respondent. It was an express term of the agreement that payment would be made within seven days from the date of lending. The respondent failed to repay the lent amount within the agreed period. He then requested for an extension of time and it was agreed that he would pay back the full amount on or by 30 June 2010. The respondent signed an acknowledgement of debt in which... More
Applicant is applying for a permanent stay of prosecution. He is a police officer who had charges preferred against him in 2015 in terms of the Police Act. A board of inquiry to try applicant was convened for applicant to be tried for contravening paragraph 39 of the Schedule to the Police Act [Chapter 11:10] “improperly using his position as member for his private advantage". More
This is an election petition presented in terms of the provisions of Part XXIII of the Electoral Act [Chapter 2:13] (“the Act”). On 23 August 2023 Zimbabwe held general elections for the election of the President, members of the National Assembly and Councilors. The challenged election relates to the member of the National Assembly for Nkayi North Constituency in Matabeleland North Province (“the Nkayi North Constituency”). The election result of this Constituency was announced on 24 August 2024. More
Aggrieved by the decision of the Master directing the Executor of the Estate of the late Stanislas Masike to amend the Amended First and Final Distribution Account and to distribute the surplus cash from the sale of the matrimonial home equally amongst the late Stanislas Masike’s 6 children and the applicant who is the surviving spouse, the applicant filed the present application for review in terms of s 52 (9) (1) of the Administration of Estates Act [Chapter 6:01]. She wants the Master’s decision made in terms of s 52 (9) of the Administration of Estates Act set aside. Further,... More
The parties to this dispute can loosely be described as “business partners” in a joint mining venture. In a contract whose interpretation now forms the subject matter of the dispute, the applicant appears and have agreed to permit the respondent to "work" on three of its mining claims in return for certain sums of money as consideration. I deliberately used the word“appear” for the simple reason that the parties are now bitterly divided over the meaning and import of the terms of the contract and ultimately its validity. More
This is an appeal against the whole judgment of the High Court (the court a quo) granting absolution from the instance with costs, at the close of the appellant’s case (he was the plaintiff in the court a quo). The judgment was handed down on 30 August 2017. More
The 1st respondent is a former employee of the applicant. He was dismissed from the applicant’s employ following disciplinary proceedings. He was aggrieved by the dismissal. .He alleged that he had been unfairly dismissed and that the applicant had made some underpayments to him. The 1st respondent appealed against the dismissal to the ‘Exemption Committee’ and it ordered that he be reinstated without loss of salaries and benefits. The applicant on the other hand appealed to this Court against the decision to reinstate the 1st respondent. The appeal is still to be heard. Meanwhile the 1st respondent approached a designated... More
The matter was placed before me as an appeal against an arbitral award handed down on 2nd June, 2011.
The material background facts of the matter are as follows;
The Respondent was employed by the Appellant as a nurse from February, 2003 to June 2009. He was then dismissed in June, 2009 on allegations that he had absented from duty for 5 months. He was verbally dismissed by the Executive Officer Advisor. The Respondent initially referred the matter to the Labour Officer for conciliation and when that failed the matter was referred to arbitration. The terms of reference were for... More
This is an appeal against the decision of the Exemptions Committee of the National Employment Council for Rural District Councils.
The Facts
The Respondent was employed as a field officer by the Appellant. He was charged with fraud and after the internal hearing was dismissed from employment. Disgruntled with this decision, the Respondent appealed to the Exemptions Committee which set aside the decision of the hearing committee and reinstated him to his former position. More
This is an appeal against the decision of the exemptions committee for the National Employment Council for Rural District Councils where the respondent employee was found not guilty of the misconduct complained about by the appellant employer and reinstated to her job without loss of salary and benefits. More
