The parties are embroiled in a dispute involving a botched deal for the sale of motor vehicles. The facts in respect of both appeals are the same. Sometime in January 2017, Mutare Toyota entered into an agreement of sale with Sakunda in terms of which it was to deliver, on or before 28 February 2017, five Toyota Landcruiser LC 200 VX and three Toyota Prado motor vehicles at a cumulative price of about S$1,274,000.00. The parties agreed that Sakunda would pay the full purchase price upon an invoice being raised by Mutare Toyota. In pursuance of the agreement, Sakunda duly... More
Respondent applied for condonation of belated filing of its response. It stated that the response was due on the 21st September 2023 but was filed one (1) day later on 22nd September 2023. The delay was caused by the fact that the respondent is based in Bindura whilst the Court is situate in Harare. No prejudice has been alleged or shown by appellant. All necessary papers now being available respondent argued that it was in the interests of justice that condonation be granted and the matter be determined on its merits. More
This application is a sequel to the urgent application in case No. HC 5075/2008 in which the 1st and 2nd respondents were granted an order restoring to them access to the farm and ejecting the applicant from the farm. The background to that case is that the applicant was issued with an offer letter by the 5th respondent permitting him to occupy the farm. He moved onto the farm. The 1st and 2nd respondents filed the application in Case No HC 5075/08 alleging that the applicant was interfering with their occupation of the farm and therefore seeking an order for... More
This is a double sale situation.
On 4 April 2002 and at Harare the plaintiff purchased the right, title and interest in a certain piece of land situate in the district of Salisbury called stand 7872 Warren Park Township of Warren Park. It is a residential stand measuring 1 012 square metres.
The seller was the 1st defendant (Saltana), represented by the 2nd and 3rd defendants (the directors) in the transaction.
The purchase price was the sum of one million two hundred and fifty seven thousand and five hundred dollars ($1 257 500). This amount was paid in full.
Despite... More
On 26 May 2016, appellant was arraigned at the Regional Court sitting at Rusape facing Rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on the date unknown to the prosecutor but during the month of April 2016 and at Chizunza Village, Chief Makoni, Rusape, appellant unlawfully and knowingly had sexual intercourse with Talent Makolo, a female juvenile, aged 11 years, once without her consent or realising that there is a real risk or possibility that she may not have consented to it. More
The first plaintiff and the defendant are husband and wife respectively. They married each other in terms of the Marriage Act [Cap 5:11] at Harare in April 1998. Hitherto the parties had contracted a customary law union.
The second plaintiff the Anti-Corruption of Zimbabwe was joined in the proceedings in terms of Order 13 r 87(2)(b) of the High Court Rules 1971 on account of the dispute involving a motor vehicle between the first plaintiff and the defendant.
The first plaintiff issued summons out of the court on 21 June 2010 seeking a decree of divorce and an order of... More
The appellant was employed by the Respondent prior to him being arraigned before the Disciplinary Committee on one charge of misconduct. The Appellant was found guilty and dismissed from employment. More
This is an appeal against the determination of the Negotiating Committee for the National Employment Council for the Commercial Sectors (Negotiating Committee), which upheld the dismissal of the appellant from the respondent’s employment. More
This is an appeal against the respondent council’s decision to dismiss the appellant employee following allegations of embezzlement of council funds at a time when the appellant was in employment as an accounts clerk. More
The applicants have filed this Urgent Chamber Application seeking to interdict the President of the Republic of Zimbabwe and 5 others respondents from conducting or leading any process or exhumation of the bodies of the victims of post –independence conflict, usually referred to as “Gukurahundi”. The applicants seek an order against the respondents in the following terms:
“Interim Relief sought
Pending the finalisation of this matter, applicant be and is hereby granted the following relief:
1. The 1st, 3rd respondents jointly and severely or through their representatives, members, agents of persons acting on their behalf and the 4th respondent be... More
The applicant was the acting Chamber Secretary of the City of Harare. He was charged in this court with Criminal Abuse of Duty as a Public Officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was jointly charged with three others namely: - Hebert Gomba (first accused), Stanley Ndemera (second accused) Hosiah Abraham Chisango (third accused). He was the fourth accused person. The allegations against the applicant and his co accused were that they acted in concert and with common purpose to unlawfully, intentionally and corruptly sell a certain immovable property... More
This an application for rescission of judgment by default entered against the applicant on 6 September 2004 in HC 7428/03 dismissing an application by the applicants seeking the setting aside of the confirmation of the sale by first respondent of an immovable property. More
Applicant sought relief through an urgent chamber application for the release into her control of four motor vehicles namely a Mercedes Benz E 320 AF1 5420 Mercedes Benz E 250 AFS 1338 Mercedes Benz C 220 D AFU 0067 and a Toyota Hulux Club Cab GD 6 AFN 7886.
The said motor vehicles were seized through a warrant of search and seizure issued in terms of sections 49 (1) (b) and 50 (1) (a) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The vehicles are believed on reasonable grounds to afford evidence of the commission or suspected commission of... More
The applicants made separate applications for similar reliefs couched in the following terms: -
1. “The expulsion and termination of the applicants’ membership of Parliament on 5 May 2019 is a nullity and is therefore set aside.
2. The declaration made by the fifth respondent of 3 April 2020 and communicated to the Parliament of Zimbabwe, in respect of the applicants’ membership in terms of s 129 (1)(k) of the Constitution of Zimbabwe be and is hereby set aside.
3. The respondents, jointly and severally each paying the other to be absolved, must pay the costs of suit on a... More
