Defendant does not deny signing the acknowledgement of debt and its validity but challenges the same on two grounds. Firstly, he states that the affidavit was entered into under duress. The amounts reflected therein are usurious, inflated and exaggerated as they did not reflect the actual amount he borrowed and the attendant interest. He further avers that the capital debt he owed which he had borrowed amounts to US$2 300,00 to be paid with an additional interest of 35% translates to total amount of US$3105.00 according to his calculations. The amount was to be paid back in three instalments of... More
: On 31 March 2021 we dismissed an appeal against both conviction and sentence noted by the appellant. We indicated that our reasons will be availed. These are they.
On 24 December 2020 appellant was convicted of Robbery as defined in s 126 (1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 5 years imprisonment of which 6 months was suspended for 5 years on condition of future good behaviour. A further 22 months imprisonment was suspended on condition of restitution. More
This is an application for bail pending trial.
The applicant is on remand at the Harare Magistrates Court. He is facing one count of robbery and another count of rape as defined in Sections 126 and 65, respectively, of the Criminal Law (Codification and Reform) Act [Chapter 9:23] More
This matter is a civil appeal against a judgement entered by a Magistrate sitting at Masvingo.
The respondent issued summons for the eviction of the appellants. An amendment to the summons was later made to include the issue of arrear rentals. The issues agreed to be determined at the trial were as follows:
a) Whether the Plaintiff required the houses to house its employees
b) Whether the Plaintiffhad been recapitalised to commence operations More
The parties entered into a customary union on 25 May, 2007 and on 2 April 2011, they registered their marriage in terms of the Marriages Act [Chapter 5:11]. The couple had two minor children born on 27 December and 12 February, 2012, respectively. More
This is an application for review of the disciplinary proceedings convened by the Respondent against the Applicant.Theapplicant was employed by Respondent until he was dismissed from employment with effect from 16th of October, 2019 which was the date of suspension.
[2] The events leading to his dismissal can be summarised as follows;
The Applicant was employed as a Shelf-Packer. On the 12th of October 2019 whilst on duty at ChoppiesRuwa the Applicant was allegedly caught red-handed by an undercoversecurity guard drinking a Castle Lite in the warehouse belonging to Respondent. According to Respondent a further six more empty beer bottles... More
The plaintiffs in this action claim against the defendants a declaratur that the plaintiffs are the lawful and rightful owners of a property called Stand 7871 Belvedere West, Harare. In consequence of the declaratur being granted in their favour, the plaintiffs further claim for an order that the 4th defendant should approve and sign over cession to them of rights, title and interest in the property. The plaintiff also claims costs on the punitive scale of legal practitioner and client. More
This is a chamber application for condonation for the late filing of an appeal that was filed on 25 February 2011. It was served on the Attorney General on 28 February 2011 whose representative filed a response on 16 March 2011. The response read:
“Be pleased to take notice that it is not intended to oppose the application. The respondent had sight of the respondent’s (sic) reasons for delay. May the relief be granted as per draft order.”
On 25 March 2011 I dismissed the application on the basis that the applicant was in willful default and had no prospects... More
This is an appeal against the decision of the Works Council of the Respondent. The Respondent dismissed the appellant following disciplinary proceedings for “Proven cases of theft” in violation of provisions of the respondent’s code of conduct.
The facts of this matter appear to be largely common cause. They are as follows:
The appellant who was employed by the respondent as a driver was sent to collect “empties”. After travelling for a distance of 26 kilometres there was a decline of fuel in the truck he used in the volume of between 95 and 120 litres (diesel). Further the respondent... More
This application involves the interpretation and effect of two agreements that were executed by the Ashanti Goldfields Zimbabwe Limited (“Ashanti”) with the applicant. The applicant seeks the transfer of Stand number 591 Waterbury Crescent Bindura from Ashanti and costs of suit. It is opposed. More
After working for the greater part of one’s life an employee not only looks forward to taking a deserved rest from active employment but reasonably expects to receive their pension timeously and in full as prescribed by law. More
Applicant and Noah Taguta have been quarrelling over the High Priesthood of Marange Apostolic Church of St. Johanne for some years now. Each is now leading a faction. The fight for the right to inherit priestly regalia has been ongoing for some time. This case, HC 11783/11, and case no. HC 11782/11 mirror the extent to which the fight has evolved. Though both cases were placed before me for hearing I decided to issue separate judgments in view of the specific issues in each case. This judgment pertains to the issues in HC 11783/11. More
. This application was placed before me together with another application HC11783/11 wherein the present applicant is also applicant and the second respondent is cited as the first respondent. The issues in the two applications are related. I have however opted to deal with the applications separately. This judgment is therefore in respect of case No. HC 11782/11. More
This is an application for the return to the applicant of goods seized from the applicant by fourth respondent. The goods were seized on the basis of the order granted by this court (per CHITAKUNYE J) in Case Number HC 489/07. The basis of the application is that the seizure of the goods was unlawful as it was not done pursuant to a writ of execution. It is common cause that, indeed, there was no writ execution on the basis of which the fourth respondent acted when he recovered the goods. The application is opposed by the first respondent. More
The applicants in this matter seek an order in the following terms -
"It is ordered that: -
(1) it is hereby declared that clause 3 of the employment contracts between respondent and applicants entitling applicants to payment of a mileage allowance based on mileage of 4 000 kilometre per month at applicable standards AAZ rates remains part of the contracts between the parties. Accordingly the applicants are entitled to payment of such allowance;
(2) respondent pay the outstanding allowance to the applicants inclusive of interest at the prescribed rate from the date the allowance became due to date of... More
