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$6,100.00 being provable legal expenses charged by the plaintiff’s legal practitioners at the time for prosecuting his appeal against conviction and sentence together with interest at the LIBOR rate applicable on the... More
The applicant is a female adult resident in Marondera. The first respondent is a surviving spouse of the late Timothy Musariri who died on 25 September 1994. The first respondent was married to the late Timothy Musariri in terms of the African Marriages Act, (now Customary Marriages Act, Chapter 5:07). The late Timothy Musariri was the registered holder of interests and rights in the matrimonial home being house No. 7 Kasipiti Way, Rujeko, Marondera.
The second respondent is the son of the late Timothy Musariri and the first respondent. At the time of Timothy Musariri’s death he was a minor.... More
On 10 January 2017, the plaintiff instituted summons action against the defendant seeking the following relief:
“WHEREFORE Plaintiff claims:
(a) That the Defendant be and is hereby ordered to pay US$ 15 000.00
(b) Interests at the prescribed rate from the date of the issuance of summons.
(c) Costs of suit on an attorney-client scale.” More
This is an appeal against the sentence imposed upon the appellant following his conviction on a charge of malicious damage to property as defined in s 3 (1) (h) as read with s 4 (1) of the Domestic Violence Act [Chapter 5:16]. The appellant was convicted on his own plea of guilt. He was sentenced to 14 months imprisonment of which 2 months imprisonment was suspended for 5 years on condition that he does not commit an offence involving damage to property as an element for which he is sentenced to imprisonment without the option of a fine. A further... More
After hearing the parties I delivered an ex-tempore judgment and dismissed the application for bail pending trial. I have not been asked for written reasons but decided to give such reasons that notwithstanding.
The applicant is facing a murder charge, it being alleged that sometime during the period extending from end of November to 13th December 2020, the applicant, in the company of four others confronted the deceased who was on his way from Botswana using an undesignated point of entry, and accused him of being one of the robbers operating along the Zimbabwe-Botswana border. They proceeded to assault him... More
: The plaintiff and the defendant were married in terms of the Marriage Act [Chapter 5:11] at Mutare on 22 April 2006. Their marriage lasted 9 years before the institution of the divorce proceedings. 4 children were born out of the marriage and all of them are still minors. The plaintiff is domiciled in Zimbabwe thereby giving this court jurisdiction to deal with their divorce matter. The parties acquired both immovable and movable property during the subsistence of their marriage. More
The history of this matter is that on 12 June 2015 Mrs Justice KUDYA struck off the roll on application for condonation of the late noting of an appeal by the applicants under Case No LC/H/APP/1008/14. The application for condonation was struck off because the applicants had filed the application for condonation of the late noting of appeal whilst there was pending application to amend that appeal. This application to amend the appeal has since been withdrawn as shown by Annexture “C”. The applicants have now brought this application for reinstatement of application for condonation for late noting of appeal. More
On 23 February 2022 we dismissed an ex tempore appeal by both appellants and gave reasons in court for such a dismissal. Three months later Messrs Gonese and Ndlovu Legal Practitioners wrote a letter dated 6 June 2022 which was drafted as follows: “Can we please be provided with the Reasons for the judgment as soon as possible.” The record was placed before me on 23 June 2022. It is not clear where it was from 7 June 2022 to 23 June 2022. It is also not clear what the appellants’ legal practitioners were doing from 23 February 2022, yet... More
1. This is an application for review made in terms of section 26 as read with section 27 (1) (b) and (c) of the High Court Act [Chapter 7:06]. Applicant seeks an order couched in the flowing terms:
i. The decision of the respondent in State v Constable Chrispen Tshuma of 25 March 2019 be and is hereby set-aside.
ii. The decision of the respondent is substituted as follows: the defaulter is hereby found not guilty and acquitted.
2. The application is opposed. More
