: On 26th March 2018, I dismissed the claimant’s claim to immovable property which was placed under attachment in execution of the order of this court in HC 196/16. The claimant has requested for written reasons for my disposition. The reasons are captioned herein.
It is important to place the brief background to the interpleader summons into perspective. On the 5th April 2016, MANGOTA J in the matter of CBZ Bank Limited vs Nencon Investments (Pvt) Ltd and Anor HC 196/16 granted the following order: More
This is an application for bail pending appeal in a rape case. Accused was convicted and sentenced to 17 years of which 2 years were suspended for 5 years on the usual conditions for rape of a minor child aged 7 years old. More
The plaintiff is claiming personal damages arising from injuries which he sufferedas a result of a road traffic accident which occurred on 9 April 2012. The facts in the matter are common cause. Whilst aboard the commuter omnibus which is owned by the defendant, the driver of the bus lost control of the vehicle when the bus hit a pot-hole which caused the bus to overturn. The driver of the bus died on the spot and twenty people were injured. After the accident, the plaintiff was conveyed to Parirenyatwa hospital where he was admitted and treated for his injuries. The... More
This is an appeal against the decision of the magistrate sitting in Gweru. The grounds of appeal are that:
“1. The court a quo erred in granting the application for absolution from the instance, when the same did not find favour in the law.
2. The court a quo grossly misdirected itself in absolving the plaintiff’s claims, when the plaintiff’ had established a prima facie case with facts supportive of his cause and warranting the defendant to be placed on his defence to rebut the claims”.
The appeal was dealt with on 20 May 2020 and an ex tempo judgment... More
This matter was set down as an application in terms of section 93 (7) (ii) Labour Act [Cap 28:01] where the applicant was seeking an order to compel the respondent employer to pay him certain money which he believed was due to him following a settlement of a labour dispute between him and the respondent employer. More
The appellant raised a point in limine that while respondent has applied for condonation for late filing of heads of argument the respondent was in fact improperly before the court for failure to file a notice of response. The respondent admitted that they were in breach of filing the notice of response. The issue had also been raised out of court by the court through the clerk as the court wanted to know whether it could be a filing error at the court. Despite this early reminder the respondent had not applied for rectification. In fact the respondent proceeded as... More
On 10 July 2007 my brother UCHENA J issued the following order against the respondent:-
“1. The respondent be and is hereby interdicted from unlawfully interfering with
applicant’s right of occupation and use of piece of land namely Rhodo 2, 26, 51
and 52 situated at Willesden Farm, Goromonzi.
2. The respondent be and is hereby interdicted from making any threats against applicant and his workers and or interfering with them in any manner.
3. The respondent is ordered to keep peace towards applicant.
4. The respondent shall pay costs of this application.” More
The applicants were employed by the respondent in different capacities. Following allegations that they committed offences they were charged and subsequently dismissed. The process was punctuated with numerous applications. The applicants then noted an appeal against the arbitrator’s decision dismissing them from employment on 11 June 2013. The respondent filed its Notice of Response on 28 June 2013. The applicants who were duly represented by a legal practitioner did not file the heads of argument within 14 days of receiving the Notice of Response as required in terms of the rules. More
Applicants and Respondent are embroiled in litigation before this Court. Applicants filed this application for Interim Relief wherein they seek a stay of the arbitral award by Arbitrator A.J. Manase pending the determination of the appeal. More
The applicant is the director of two duly registered real estate companies, Pride Real Estate and Ascent Real Estate. He is alleged to have fraudulently sold a residential stand in Mount Pleasant Heights for US$15 000-00 sometime in 2007 and converted the proceeds to his own use.
Investigations revealed that the applicant has a similar pending case under CRB 4634/11. He is also facing an additional charge of fraudulently faking his qualifications to gain registration as an estate agent.
The presiding magistrate denied the applicant bail on the basis that he has a propensity of committing fraud and therefore was... More
The plaintiff was the owner of stand 8140 Victoria Falls Township and title to the property was held under title deed number 1816/2014. As Town Clerk for Victoria Falls Municipality he was offered stand 1537 Victoria Falls Township Lands as part of his conditions of service. He therefore ‘owned’ two properties in Victoria Falls. More
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of pangolin scales in contravention of section 45(1) of the Parks and Wildlife Act as read with section 128 of the Parks and Wildlife Act (Chapter 20:14). Applicant denies the allegations. The application is opposed. More
KABASA J: On 1st September 2016 the plaintiff entered into three agreements with the defendant. The first agreement related to the sale of the plaintiff’s property, whose full description is stand 8140 Victoria Falls Township of Victoria Falls Township Lands. This property is held under title deed number 1816/2014. The second agreement related to a deed of cession and assignment of stand 1537 Victoria Falls Township measuring 5, 195m2, which stand had been offered to the plaintiff by virtue of his position as Town Clerk of the Victoria Falls Town Council. The third agreement related to the construction of town... More
The plaintiff is a former employee of the defendant. The defendant is a duly incorporated company in terms of the laws of Zimbabwe.
The plaintiff was employed by defendant from 1990 to 2006. He was employed as a Cibra Machine Operator. Later he was assigned to work as an Assistant Tapeline 11 Machine Operator. More
