The facts appear in applicant’s founding affidavit. Applicant occupied a piece of communal land in Chibvembe Village, Chief Katerere in Nyanga in 2004. He established a homestead, cattle pens and temporary structures. He is not an illegal miner nor an illegal occupier. However his homestead is surrounded by mining claims, Chisero Mining Syndicate is located at a distance of 500m from his homestead. The record shows a history of court cases brought against the applicant however among all those papers is no extant order against the applicant.
On 8 February 2022 a group of police details, members of the army... More
On 22 January 2020 we dismissed the appeal in this matter after hearing counsel and indicated that our reasons would follow; these are they.
On 15 July 2019 the appellant was convicted and sentenced to 10 years imprisonment for contravening s 89 (4) (b) of the Post and Telecommunication Act [Chapter 12:05], it being alleged that on 6 December 2018 and near PG Safety Glass Workshop, along Vhumba Road, Mutare, appellant without lawful cause cut and stole 20:06 kilogrammes of underground telecommunications line belonging to or used by a communication licence holder, secondly appellant was also convicted and sentenced to... More
This appeal is totally devoid of merit. Appellant appealed to this court not based on any evidence but on emotions. The appeal is an example of abuse of court process. I dismissed the appeal on the date of the hearing. These are my reasons. The facts of this case are that Appellant initially joined Respondent on 1 November 1987 as an Accountant at Cresta Jameson. On 25 January Appellant entered into a Contract of employment with Cresta Marakanelo (Pvt) limited where he was employed as a Financial Controller, Best Western Thapama Hotel. The contract was for a year from 1... More
This is a simple application for the registration of an arbitral award in terms of
section 98 (14) of the Labour Act [Chapter 28:01]. The applicant was employed by Respondent as
General Manager – Transport Division and following a decision by the Labour Court dated 1st
April 2011, an arbitrary award was made in favour of the applicant. More
This is a chamber application for the registration of an arbitral award in terms of section 98 (14) of the Labour Act [Chapter 28:01] as read with r 241 of the High Court Rules 1971. The facts are that on the 13th February 2017 an arbitral award in favour of the applicant was handed down by the Honourable Arbitrator Brighton Mudiwa sitting at Harare. The Arbitral award granted the applicant US$ 17 559. 54 being arrear salaries but did not quantify the damages to be paid. On the 11th October 2017 the damages were quantified in the sum of US$10... More
The dispute in this matter is whether the now deceased died from violence arising from domestic violence or that she took her own life for reasons not very clear as a result of domestic dispute. More
This is an appeal against the decision of the Chief Executive Officer of the respondent to confirm the decision of the disciplinary hearing committee. Appellant was working as an international truck driver. He was driving a tanker truck ferrying fuel from Mozambique and/or South Africa to Zambia and/or the Democratic Republic of Kongo. On 3 occasions appellant delivered product that was less than what was loaded. Appellant was charged with gross negligence; loss of product. More
The applicants were convicted of theft of Trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Cap 9:23] as read with s 277 (3) of the code. After a protracted trial in the Regional magistrate court they were duly convicted and sentenced for the offence. During trial there were 3 accused that is including the company in which the two applicants are directors. Upon sentencing the first accused that is the company for the obvious reason that it is a legal persona was sentenced to pay a fine or in default a... More
This is an application for condonation for late noting of appeal and for extensive of time within which to make the appeal if condonation is granted. More
On 14 February 2005, the appellant and respondent appeared before the magistrates court in an application for the downward variation of a maintenance order against the appellant from $1 000 000-00 (old currency) to $300 000-00 per month for one minor child. The trial court dismissed the application but without reasons. Dissatisfied, the appellant noted an appeal to this court. More
The applicant seeks a declarator by this court that the 1st respondent’s taxed bill of legal fees in the tune of US$14 714.25 is unprocedural, unlawful and null and void and that it should therefore be set aside. The application was filed on the 23rd of April 2024 when the applicant was represented by Messrs Mehluli Ndlovu and Partners. The notice of taxation was for the 8th of May 2019 while the taxed bill was stamped on the 9th of May 2019 by the 2nd respondent. It is common cause that the 1st respondent’s fee note is dated the 17th... More
The Bulawayo City Council owns land in which there is a farm going by name Look Kraal Farm. The applicant’s parents have been renting that farm for several years. It happens that the farm is now more known for gold than the farming of any kind. The 1st respondent is a mining syndicate needless to say attracted to and interested in gold. The 5th respondent owns a gold mine near the Look Kraal Farm. The gold mine in question is called Wolley Dog Mine. These are the main players in this dispute. The parties have been in and out of... More
The plaintiff and defendant married on 28 June 2002 in Finland. No children were born of this union. In December 2007 the plaintiff moved out of the matrimonial home and on 30 April 2008 he issued summons out of this court seeking a decree of divorce and other ancillary relief. The defendant opposed the claim on the basis that the marriage had not broken down. She also claimed movable property and an immovable property known as Stand 9 Dorset Road, East Avondale Harare. At a pre trial conference held before a judge in chambers the defendant applied to amend her... More
As the background of the case unfolds, the plaintiff sued the defendant on 18 August, 2014. He claimed the following relief against the defendant:
(i) $100 000 being general damages for pain and suffering for injuries which he sustained in a car accident which occurred on 14 March, 2014. The accident, according to him, was caused by the sole negligence of the defendant.
(ii) $3 664.17 being medical expenses
(iii) $15 000 per month being future medical expenses – and
(iv) costs of suit.
The defendant engaged Nyawo Ruzive Legal Practice. This entered appearance to
defend on 26 September, 2014.... More
