The President of Zimbabwe promulgated 23 August 2023 as the date for harmonized elections. As part of the Proclamation 21 June 2023 was fixed for the sitting of the nomination court across the country for the purpose of the submission of nomination papers for different elective public offices. The applicant contends that the nomination officer received its nomination papers for party-list candidates just before cut-off time i.e., 4 p.m. The nomination papers were received through a police officer who collected such papers on behalf of the nomination officer. The nomination officer after examining the papers found that they were defective... More
The applicant, Citizens for Coalition Change, a political party (“the party”) claims that it was in peaceful and undisturbed possession or occupation of its offices which are situated at Stand 41, Fort Street, Between 2nd and 3rd Avenue, in Bulawayo (“the property”). Its statement is that on or about 30 January, 2024 the respondent, one Nelson Chamisa (“Chamisa”) forcibly took control, occupation and possession of its property. He did so, it insists, through his agents, assignees, proxies and/or employees (“his alleged team”). These, it avers, proceeded to paint the property and its precast wall in blue and black colours. They,... More
This is an urgent application for an interdict directed principally at the first respondent with the rest of the respondents being cited as interested parties who may in law be required to perform consequential acts to give effect to the conduct of the first respondent. More
After hearing counsel, in the matter, we dismissed the appeal with costs and indicated that reasons would follow in due course. Below are the reasons for judgment. More
This is an application for reinstatement of an appeal in terms of r 34 (5) of the Supreme Court Rules 1964. The brief facts giving rise to the application are that the applicant employed the respondent as its clerical officer. More
This is a dispute arising from the taxation of the appellant’s bill of costs. By judgment of this Court delivered on 27 September 2018 in City of Gweru v Masinire SC 56/18, in an appeal against the judgment of the Labour Court which nullified the dismissal of the respondent from employment as Chamber Secretary of the appellant municipality, the court allowed the appeal with costs. More
On 26 May 2022, after hearing arguments in an application brought by the four respondents against the appellant, the High Court (“the court a quo”) delivered an ex tempore judgement, to wit:
“1. The respondent is hereby ordered to advise the applicants in writing the actual intrinsic values in respect of Stands Nos.1051, 1045, 1044 and 1052 Mount Pleasant Township Harare within 7 days of this order.
2. Should the respondent not comply with this order within the period aforementioned, the provisional intrinsic values already paid by the applicants shall be deemed to be the full and final payments in... More
The appellant is the registered owner of certain immovable property known as Stand 414 Midlands Township 5 of Uplands of Subdivision A of Waterfalls. This appeal is centered on the attachment in execution of the property at the instance of the first respondent in order to settle a debt due and owing to him by an entity known as Rufaro Marketing (Pvt) Ltd. More
This is an appeal against a judgment of the High Court declaring unlawful the demolition of the respondents’ houses in Budiriro 4 in the absence of a court order. More
This is an appeal against the judgment of the High Court granting a provisional order in favour of the respondent pursuant to an urgent chamber application filed by the latter. The relevant factual background is as follows More
2. The applicant and the respondent entered into a lease agreement in September 1993 in respect of one of the applicant’s properties, namely, Number 4 Hampshire Road Eastlea, Harare. On 13 March 2007, the applicant wrote a notice of cancellation of the lease, in terms of clause 2 of the lease agreement. It gave the respondent until 30 April, 2007, to vacate the property. More
This is an appeal against the judgment of the Labour Court which upheld the respondent’s appeal against dismissal from employment in terms of the Labour (National Employment Code of Conduct) Regulations S.I.15 of 2006. The court a quo upheld the respondent’s appeal on the basis that the termination of employment of Senior Urban Council employees is exclusively governed by the Urban Councils Act [Chapter 29:15](“the Act”). Having come to that conclusion it proceeded to nullify all prior proceedings leading to the respondent’s dismissal from employment. More
The Appellant approached this court by way of appeal seeking to challenge the decision of the Magistrates Court sitting at Harare on 4 July 2023. The respondent in the court a quo made an application seeking to recover from the Appellant, the sum of US$2 360.00 together with interest at the prescribed rate with effect from 30 July 2022 up to the date of final payment. The application was referred to trial and the respondent was successful in his claim. More
Unfolding events in these two matters must rank on top of what the Supreme Court decried very loudly in Ndebele v Ndebele 1992 (1) ZLR 288 (S) 290 C-E. It stated: More
The appellant Urban Council was arraigned before a Provincial Magistrate sitting at Tredgold on 6th July 2016 on a charge of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The allegations against the appellant being that on 5th December 2013 and at a tower light along Matshemhlophe Road, opposite Induba Primary School in Iminyela Suburb, Bulawayo, the appellant negligently caused the death of Shepherd Mpala Mgcini who was electrocuted when he came into contact with an unearthed armoured electric cable. Appellant pleaded not guilty to the charge but following a full... More
