The background facts to this application are largely common cause. The applicant is a registered trust and is concerned with inter-alia governance issues of the Chitungwiza Municipal area. The first respondent is the Minister responsible for the administration of the Urban Councils Act [Chapter 29:15]. The second respondent is the Harare Metropolitan Province Provincial Administrator. He co-ordinates development issues within the Harare Metropolitan Province. The second respondent is appointed by the first respondent in his capacity of the Minister of Local Government and Public Works. For the avoidance of doubt it must be noted that Chitungwiza Municipal area falls under... More
The appellant, Chiverere Contractors issued summons in the magistrates court against the respondents in November 2014claiming undisturbed possession of office 602,Pockets Building at corner Jason Moyo Avenue and Angwa Streetand the eviction of the second respondent from the said office 602. More
This judgment is in respect of two matters HC 901/18 and HC 4290/18. In HC 901/18 the applicant “Chivero” seeks the eviction of the respondent “Velocity” from a quarry site known as Hunyani 159 Idaho Farm ‘the claim’. In HC 4290/18 “Velocity” the respondent filed an application for the dismissal of HC 901/18 for want of prosecution. After hearing the application for dismissal in HC 4290/18 I dismissed it and indicated the reasons would be incorporated in the main judgment herein. More
The appellant was convicted on his own plea of guilty to a charge of negligent driving as defined in s 52 (2) (a) of the Road Traffic Act [Chapter 13:11]. The appellant who was driving a Toyota Ipsum was alleged to have rammed into a Honda Ballade motor vehicle which was turning to Mutare Sports Club. More
This is an application for the determination of the special plea of prescription and for absolution from the instance at the close of the plaintiff’s case. More
On 5 November 2021 in case SC 250/19 judgement number SC138/21 the Supreme Court issued an order, on appeal overturning the decision of this court of 10 April 2019 in case HC 6567/17. Of significance is paragraph 2.1 of the order stating that:
“The plaintiff’s claim for eviction of the respondent and all those claiming title through him from house number 12 Le Roux Drive, Hillside, Harare is granted.” More
This is an appeal against a decision of an arbitrator. The issues for determination by the Arbitrator were:
i) Whether there was unfair dismissal
ii) Whether there was non-payment of allowance (s) overtime and terminal benefits
iii) The remedy of thereof
After considering the evidence presented, the Learned Arbitrator found that there
was no unfair dismissal but that there was non payment of allowances. More
This is an appeal against the decision of the respondent’s Disciplinary Committee, which found the appellant guilty of misconduct and imposed a penalty of dismissal. More
This judgment is pursuant to an application for absolution from the instance made by the defendant at the close of the plaintiff’s case. The plaintiff is a male adult who is into the business of farming and is based at Elephants Walk Farm in Karoi. The defendant is also a male adult and director in an entity called Sensan Investments (Pvt) Ltd, which operates from number 24 Seke Road, Harare. On 13 December 2021, the plaintiff caused summons to be issued out of this court seeking the following relief against the defendant: More
The plaintiff sued the defendant herein for damages for malicious prosecution. The relief sought is set out in the summons and declaration as follows:
“The plaintiff’s claim is for:
damages in the sums of:
a) ZWL $18,000,000.00 arising from the malicious prosecution and abuse of proceedings by the defendant together with interest at the prescribed rate from the date of judgment to date of payment in full.
b) USD$6,100.00 being provable legal expenses charged by the plaintiff’s legal practitioners at the time for prosecuting his appeal against conviction and sentence together with interest at the LIBOR rate applicable on the... More
The applicant is a female adult resident in Marondera. The first respondent is a surviving spouse of the late Timothy Musariri who died on 25 September 1994. The first respondent was married to the late Timothy Musariri in terms of the African Marriages Act, (now Customary Marriages Act, Chapter 5:07). The late Timothy Musariri was the registered holder of interests and rights in the matrimonial home being house No. 7 Kasipiti Way, Rujeko, Marondera.
The second respondent is the son of the late Timothy Musariri and the first respondent. At the time of Timothy Musariri’s death he was a minor.... More
On 10 January 2017, the plaintiff instituted summons action against the defendant seeking the following relief:
“WHEREFORE Plaintiff claims:
(a) That the Defendant be and is hereby ordered to pay US$ 15 000.00
(b) Interests at the prescribed rate from the date of the issuance of summons.
(c) Costs of suit on an attorney-client scale.” More
This is an appeal against the sentence imposed upon the appellant following his conviction on a charge of malicious damage to property as defined in s 3 (1) (h) as read with s 4 (1) of the Domestic Violence Act [Chapter 5:16]. The appellant was convicted on his own plea of guilt. He was sentenced to 14 months imprisonment of which 2 months imprisonment was suspended for 5 years on condition that he does not commit an offence involving damage to property as an element for which he is sentenced to imprisonment without the option of a fine. A further... More
After hearing the parties I delivered an ex-tempore judgment and dismissed the application for bail pending trial. I have not been asked for written reasons but decided to give such reasons that notwithstanding.
The applicant is facing a murder charge, it being alleged that sometime during the period extending from end of November to 13th December 2020, the applicant, in the company of four others confronted the deceased who was on his way from Botswana using an undesignated point of entry, and accused him of being one of the robbers operating along the Zimbabwe-Botswana border. They proceeded to assault him... More
: The plaintiff and the defendant were married in terms of the Marriage Act [Chapter 5:11] at Mutare on 22 April 2006. Their marriage lasted 9 years before the institution of the divorce proceedings. 4 children were born out of the marriage and all of them are still minors. The plaintiff is domiciled in Zimbabwe thereby giving this court jurisdiction to deal with their divorce matter. The parties acquired both immovable and movable property during the subsistence of their marriage. More
