The brief facts of the matter are that on the 11th of June 2022 and at around 1630 hours the complainant was at a traffic enforcement roadblock at the corner of Cecil Avenue and Harare road, Bulawayo. The accused person was driving a Toyota Rejius motor vehicle, registration number ACW 2468. He was stopped at the road block and ordered to pull over to the side of the road. Accused’s motor vehicle was checked. He was advised that he was carrying passengers using a non-public service vehicle and that he would be escorted to the Zimbabwe Republic Police Station at... More
The third and fourth respondents are husband and wife respectively. They purchased stand 5993 Warren Park North, Westlea, Harare (“property”) from the sixth respondent. They did so in terms of a written contract which the sixth respondent and them signed on 9 June 1998. The agreement appears at p 26 of the record. More
The 1st applicant and 2nd respondent are Korean nationals. They are shareholders and directors in the 2nd applicant, a company they established in Zimbabwe in September 2016 known as Arocet Investments (Pvt) Ltd. The 1st applicant alleges that there are serious disputes between himself and the respondent arising from the respondent’s failure to pay up for their shares, amongst other issues. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare which dismissed the appellant’s application for joinder as the fourteenth defendant on 16 January 2020 under case number HC 3499/14 (the main case). At the close of submissions by counsel we dismissed the appeal with costs and indicated that our reasons for judgment would be delivered in due course. I now proffer the reasons for the court order delivered on 20 July 2021. More
Appellant raised a point in limine that the Respondent was barred. Appellant submitted that it served its Heads of Argument upon the Respondent on 16 February 2012. Respondent was obliged to file its Heads of Argument within 14 days of receipt of Appellant’s Heads. He did not do so. Accordingly he is barred and should not be heard. The Respondent argued that the Appellant filed its Heads prematurely before the Registrar had issued a notice to file a response upon the Respondent. If the issue before me was that Respondent failed to file its notice of response on time I... More
This matter was set down as an application for rescission of a default judgment granted in the Respondent employee’s favour against the Applicant employer.
On the set down date it was brought to the Court’s attention that the employer had withdrawn the application. On the same date at the set time the employer did not appear on the basis of the withdrawal. The employee’s representative however tuned up and stated that whilst he acknowledged the withdrawal notice he had observed that the employer had not tendered the wasted costs. More
The applicant is the Church Of The Province Of Central Africa and is responsible for the affairs of the Anglican Church in Central Africa. The first respondent is its Bishop for Manicaland with whom it has pending cases before the courts for the determination of whether or not he is still its Bishop. The first respondent leads a faction of the Anglican Church in Manicaland. The second respondent is an Estate Agent operating in Mutare. It was in August 2009, given a mandate by the first respondent’s faction to sale two pieces of land belonging to the Anglican church. The... More
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
