On 21 July 2015 the plaintiff issued process out of this Court against the first and second defendants with the 3rd defendants merely cited in his official capacity. In the action the plaintiff sought to recover from the 1st and 2nd defendants a sum of USD144 864-00 being damages for unjust enrichment arising out of improvements allegedly made by the plaintiff on the latter’s Kalanga Farm.
The plaintiff also sought to recover interest on the amount of claim at the prescribed rate from the date of issue of summons to date of payment in full together with costs of suit. More
The appellant approached this court challenging the whole judgment of the Harare Magistrates Court based on four grounds of appeal which are as follows:
“1. The court a quo misdirected itself at law when it ruled that the court a quo has jurisdiction to hear the respondent’s claim in the main matter.
2. The court a quo also erred in that it failed to find as a fact that the appellant’s explanation for the default when he failed to enter an appearance to defend is reasonable and that the bona fides of his defence on the merits of the case... More
This is an appeal from a decision of the National Employment Council (NEC) for the Tobacco Industry. Appellant was employed by the respondent as a motorbike messenger driver. Before dollarization he was given a Grade 3 C notch which was merit based. His wages were above a grade 8 A1 employee. After dollarization appellant’s grade was changed to Grade 4 E but the salary was below that of Grade 8 A1. Appellant resigned in April 2011. More
This is an appeal against the decision of the respondent employer’s General Manager where he upheld the guilty verdict and dismissal penalty meted out on appellant employee following allegations of disobedience to a lawful order, fraud and conduct inconsistent with his employment in breach of the respondents’ code of conduct. More
The applicant approached the court seeking an order in the following terms:
1. The Respondent gives vacant possession of Stand No. 13424 Unit “N” Seke Chitungwiza within 14 days of this order being served on him. More
Appellant was a teacher at Changamire Secondary School in Buhera. Under paragraphs 7 and 24 of the Public Services Regulations 2000 Statutory Instrument 1 of 2000 (the Regulations) Appellant was charged with and dismissed from employment for improper association with a minor (student) and abuse of authority. More
This is an opposed application for the upliftment of a bar in terms of the R39(4)(a) of the High Court Rules 2021 arising from the applicant’s failure to serve the other party their notice of appearance to defend timeously. More
The applicants are facing eleven counts of robbery as defined in section 126 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23), one count of money laundering in violation of section 8 (1) (a) (b) of the Money Laundering and Proceeds Crime Act (Chapter 9:24) and one count of contravening section 4 of the Firearms Act (Chapter 10:09). Applicants deny any involvement in the commission of the offences. They claim that they have been wrongly implicated in these charges. More
The appellant was employed by the Respondent as a diamond cleaner, the Respondent being a diamond miner. The Respondent charged the Appellant with the misconduct of wilful disobedience to a lawful order given by the employer. The order was an order to capture diamond stocks into a system called SAP. The appellant had assisted in the development of the system about a year earlier but was not a user of it. When asked to do the task he responded to say that he required a refresher course. His superior responded to say that he should put that request in writing.... More
After hearing this opposed matter, I rendered an ex tempore judgment and dismissed the application. Applicant has requested for reasons for judgment. These are they:
Applicant sought an order in the following terms:
“1. The application for unlawful detention be and hereby granted and applicant be released conditionally or unconditionally (sic).
2. The applicant be and is hereby granted leave to prosecute the application in person.
3. There shall be no order as to costs.” More
The applicant is the father and natural guardian of two boys, Tendayi [or Tendai] Chinyama, turning 19 years in June this year, and Jayden Chinyama, turning 10 in November. In January 2017 the applicant had the boys enrolled at the second respondent school. It is a private school. The first respondent is employed by the school as Legal Officer. The third respondent is the Minister of Primary and Secondary Education. It has not been explained why he has been cited in these proceedings. More
The appellant appeared before the magistrate court sitting at Mbare charged with Culpable Homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that he unlawfully piloted a boat negligently thereby causing a fatal accident which killed Balisto Joel Sengeredo. The accident involved the boat driven by the appellant and another piloted by Norman Cholela. The particulars of negligence are that the appellant had driven a boat at a speed which was excessive in the circumstances or that he failed to stop or act reasonably when an accident or collision seemed imminent or... More
Charles Chirozvi and Nickson Mareya were jointly charged with Tinashe Chinhango before the Provincial Magistrate sitting at Mutare facing Robbery as defined in s 126 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It was alleged that on 29 November 2018 at Chikanga 2 Mutare, near sports field accused took property that is a G-tel A728xP2 model cell phone and cash $2-00 from Bokang Mukwena by forcefully pushing him to the ground and hitting him with a stone on the forehead and kicking him on the ribs several times intending to induce Bokang Mukwena to relinquish his... More
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
