The plaintiff, Civil Aviation Authority of Zimbabwe contracted Combine Cargo (Private) Limited as clearing agents between the months of March 2010 to April 2010 for goods which it had imported. The plaintiff paid Combine Cargo (Private) Limited US$139 189.39 which was meant for ZIMRA charges (Duty, VAT and other charges). In 2011 ZIMRA officials approached the plaintiff and indicated that the aforementioned goods had not been cleared properly as the customs duty amounting to USD$139 189.31 was outstanding which amount Combine Cargo (Private) Limited claimed to have paid to ZIMRA but could not produce proof thereof. In January 2014 ZIMRA... More
This is an application for condonation for late filing of Notice of Response and Heads of Argument and upliftment of bar currently operating against Applicants. The application is opposed. The parties initially appeared before the Senior Judge Mhuri on the 19th of May, 2020 in relation to the main application for review filed under reference LC/H/REV/68/19. The parties then sought a postponement to enable the hearing and determination of a prior application for condonation. The parties requested the Senior Judge to grant postponement and proceed to determine the application for condonation on the basis of the record. The Senior Judge... More
Applicant applied to this Court for rescission of judgment which Respondent opposed.
At the onset of oral argument respondent raised 4(four) points in limine. The Court will deal
with the 2 points which are dispositive of the matter. More
This is an appeal against a decision by the Chief Designated Agent for the National Employment Council for Commercial Sectors (NECCS) confirming the dismissal of the appellant from the respondent’s employ. More
At the hearing of this matter on 24 May 2018 there was no appearance for the respondent. The applicant through its legal practitioner, moved, that notwithstanding the default of the respondent the matter must be considered on its merits. Mr Ahmed who appeared for the applicant also submitted that the respondent was in any event barred for failing to file heads of argument timeously in terms of the rules. The certificate of service which was filed on 28 March 2018 shows that the applicant’s heads of argument were served upon the respondent on 28 March 2018 at 1159 hours. The... More
This is an application for bail pending appeal against conviction only. On 14 April 2022 the applicant was convicted of two counts of rape as defined in s 65 of the Criminal Law Code. With both counts treated as one for the purposes of sentence the Regional Court imposed a sentence of 20 years imprisonment of which 5 years imprisonment was suspended for 5 years on the condition of good behaviour. More
This is an application for rescission of a default judgment brought in terms of Order 49 rule 449 of the High Court Rules, 1971. The judgment sought to be set aside was granted in favour of the 1st respondent on the 4th October 2012. The applicant contends that the judgment was entered without his knowledge and that he only became aware of its existence on 17th January 2018 when his legal practitioners were served with a letter from 1st respondent’s legal practitioners dated 16 January 2018. The applicant avers that the default judgment was erroneously sought and obtained. It is... More
MAKONI J: The applicant, at one point was the registered owner of Stand 606 Northwood Township 4 of Sumben. The property was sold in execution at a public auction and the respondent was confirmed as the highest bidder. The property was transferred into her name on 24 November 1992. The applicant was not happy with the developments resulting in him instituting a plethora of cases against the respondent and other parties. This culminated in the High Court inMhiniv Mapedzamombe 1999(1) ZLR 561 (H) making an order of perpetual silence and that the applicant had to apply for leave of this... More
The plaintiff is the Member of Parliament for Bikita West Constituency. He claims against all the defendants jointly and severally, the one paying the others to be absolved, the sum of US$100 000 being damages for “defamation, injuria and impairment of dignity”, arising from a newspaper article published in The Mirror newspaper of 3 to 9 July 2009. More
The second and third defendants are, in fact, the same person cited twice in the proceedings instituted by the plaintiff by way of summons. The summons was served together with what purports to be the plaintiff’s declaration, to which was attached an “affidavit to prove damages”. In response, the second and third defendants objected to the claim on three distinct grounds. The first objection is by way of exception to the summons and declaration on the basis that they do not disclose a cause of action and, alternatively, that they are vague and embarrassing. The defendants have also raised the... More
The applicant purchased stand number 7 Dove Crescent Vainona (“the property”) from the first respondent. The first respondent and him concluded the agreement of sale on 21 August 2001. More
The appellant in this case was charged in terms of section 44 (2) (a) of the Public Service Regulations 2000 as read with paragraphs 8, 9 and 24 of the First Schedule to the Regulations.
When the allegations were preffered against him, the applicant admitted during the hearing that he had failed to bank school funds. He stated that he had erred in failing to bank the school moneys. More
This is an appeal against the whole judgment of the High Court of Zimbabwe (“the court a quo”) sitting at Harare dated 10 November 2021. In the court a quo, the first and second respondents issued summons against the appellant for cancellation of its title deed over a certain piece of land situate in the district of Salisbury called Stand 2465 Glen Lorne Township (hereinafter called ‘the property”). The appellant counter claimed for their eviction from the property and holding over damages. Judgment was entered for the first and second respondents as against the appellant. It is that judgment that... More
The applicant seeks an order setting aside the judgment, granted after a full trial, by my sister, CHIRAWU-MUGOMBA J, on 10 November 2021 in favour of the first and second respondents under case number HC 8317/10and under Judgment number HH627/21 on the grounds that the judgment in question contains a patent error. More
The twenty applicants have approached this court seeking a spoliation order. They are entreating the court to order the respondent to “restore access, possession and occupation of certain piece of land called Athena of Longford measuring one hundred and twelve comma two hectares to the applicants forthwith by removing the fence it erected around the land” and grant costs against the respondent. More
