On 31 January 2017 I ruled that the application placed before me was not urgent. The applicant has asked for the full reasons for my decisions. These are the reasons as pointed out to the parties on the date of the ruling:The applicant is a municipal authority duly established in terms of the law.
The first respondent is a duly registered commercial bank.
The second respondent is cited in his official capacity.
The applicant and the first respondent were engaged in a dispute in case No. HC 6800/15. The court action reached a pre-trial stage whereat the parties entered into... More
This is an application for confirmation of the provincial order granted by this court on 6 September 2016. The respondents contest the confirmation of the provisional order. More
This is an urgent chamber application for an interdict. The facts are as follows:-
The applicant requested for land from the eleventh and twelfth respondents. The request was granted and the applicant allocated the land to 1 3000 applicants on its waiting list on a pre-service sale basis. The beneficiaries contributed towards the development of the land in terms of the applicant’s procedures. A project known as Nyatsime Housing Project Scheme (NHPS) was established in 2005. The development has now reached the stage of sewer pipe connections, water connections and putting of roads. More
This is an application for the confirmation of an order of constitutional invalidity in terms of s 175(1) of the Constitution as read with rule 31 of the Constitutional Court Rules, 2016. The order of constitutional invalidity in question was made in the High Court (“the court a quo”) sitting at Harare and was handed down by Katiyo J on 18 July 2024, under case No. HCH 6718/20 and judgment No. HH 475-24. More
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
