The above two cases were consolidated by consent of the parties because they are interwoven and related such that the relief sought is substantially the same. The parties are engaged in protracted litigation over ownership, detention, custody and control of church properties located in three dioceses. They have taken each other to Court on numerous occasions without finality to their dispute. More
The appellant is the former employer of the respondents who were each employed at different times in different capacities prior to December 2007 at the Cathedral of St Mary and All Saints.
On 21 September 2007, the then bishop of the church for the Province of Central Africa, (“the Church”) Norbert Kunonga and his followers withdrew their membership from the church. He proceeded to form a separate church, the Anglican Church of the Province of Zimbabwe (ACPZ). More
This is an exception with an exception. It is but a skirmish in the battle of suits, applications and counter applications that the two factions of the “Anglicans” have brought against each other before this court, a spate of litigation that is now assuming nuisance value. The appication was partly argued before me and prior to the resumed hearing, it was withdrawn without a tender of costs. The issue of costs was then raised for my determination. More
The present matter was placed before me as an appeal against a quantification award handed down on the 19th of January 2015. The main award had been issued on the 11th of July 2014. The Appellant also appealed against the main award. The present appeal is opposed. More
This is an appeal against part of the decision of the honourable Arbitrator dated 4 June 2015. Respondents who had been employed by appellant had their contracts of employment terminated. 1st Respondent’s letter of termination dated 22 March 2013 on record states that the contract would not be renewed because the workload has decreased. He was given three months notice from 1 April 2013 to 30 June 2013. The respondents refused to sign the letters of termination. Nevertheless the respondents were dismissed and the matter was referred to the National Employment Council for the Welfare and Educational Institutions. Respondents claimed... More
The first applicant is the Church Of The Province Of Central Africa, commonly known as the Anglican Church. The second applicant is the first applicant’s Board of trustees charged with the responsibility of looking after diocesan property in its Manicaland Diocese. The third applicant is the first applicant’s warden at All Saints Zimunya Church. More
This matter came before me on a certificate of urgency on 28 April 2008. After hearing submissions from counsel I granted a provisional order in the following terms:
"1. Pending determination of this matter, the applicant is granted the following relief;
a) The applicant is hereby granted leave to enforce and execute the provisional order granted by this Honorable Court in case number HC 345/08 as clarified in case number HC 402/08.
b) The first, second, third, and fourth respondents be and are hereby interdicted and restrained from interfering with the applicants church services at church premises held in accordance... More
This is an appeal against Honourable Ms L. Chibvongodze’s arbitral award, handed down on 21st July 2011. The award ordered the reinstatement of the Respondent, or payment of damages in lieu of reinstatement. More
This is an application to compel further particulars. The applicants are the defendants in an action instituted by the respondent as the plaintiff in Case No. HC 3551/15. The plaintiff in that matter is challenging the election of the second defendant as Chairman of the board of the first applicant and his removal from the board of the first applicant on the grounds of alleged irregularities. The respondent seeks reinstatement to the board of the first applicant as well as damages which he alleges to have suffered as a consequence of his removal from the board of the first applicant.... More
On the 25th August 2021 at Harare the Designated Agent for the NEC Medical and Allied Industry issued a determination. He ordered Appellant to reinstate Respondent or pay her an agreed retrenchment package in lieu of reinstatement. Appellant then appealed to this Court against the determination. Respondent opposed the appeal. More
This is an appeal against the judgment of the Magistrate Court for the Province of Mashonaland sitting at Harare handed down on 14 March, 2022
The plaintiff (respondent herein) instituted summons against the defendant (appellant herein) seeking payment of ZW$ 1000 000.00 (one million dollars) for medical expenses and damages for pain and suffering caused to her by the defendant’s wrong medication. She also sought interest thereon at the prescribed rate from the date of issuance of summons to the date of payment as well as costs on a legal practitioner and client scale. More
Respondent was employed by Appellant as its Managing Director for the Health Care Division. As a result of certain allegations against him, Respondent was arraigned before Disciplinary Committee which acquitted him. The two parties have been embroiled in litigation culminating in a hearing before the Arbitrator the subject of this appeal. More
In this application the applicant is seeking relief to the effect that-
1. “The Sheriff for Zimbabwe shall appoint an independent valuer from his panel who shall value improvements effected on stand no. 3378, also known as no. 55, 5th avenue, Mbare, Harare and the applicant’s salvage lien per annexure “A” hereto.
2. The independent valuer shall submit his valuation report to all parties to this matter.
3. Applicant’s claim shall proceed in terms of the independent valuer’s report.
4. First respondent shall pay the costs of this application on an attorney-client scale.” More
These 4 appeals were consolidated into one by consent of the parties at a case Management Meeting on 11 July 2023. The consolidation included another appeal under EC 06/23 which was later withdrawn before hearing. Although the 4 matters are consolidated into one, EC11/23 and EC16/23 are appeals concerning individuals who presented themselves for nomination as Rural District Council candidates for Gwanda and Bubi respectively. On the other hand, EC14/23 and EC15/23 involve appeals concerning Provincial Council Party List candidates for Matebeleland South and Matebeleland North respectively. More
