A purchaser has only personal rights against the seller of a thing he purchased. He has no real rights over the thing. Unless and until he takes transfer of, or title in, the property which he purchased, the remedy of actio rei vindicatio remains unavailable to him.
The status of the current applicant fits neatly into the above-described set of circumstances. It purchased Lot 2 of Clipsham Farm (“the property”) from the Government of Zimbabwe. It did so on 9 December, 2015. It did not take transfer of the property. More
This is an application in terms of s 4(1) of Administrative Justice Act [Chapter 10:28] which seeks to set aside the decision of the first respondent to repossess applicant’s stand and sell it to second and third respondents. The brief facts giving rise to this application are that in March 2007 applicant accepted an offer from first respondent for the purchase of stand number 7403 Manyame Park. A lease agreement was executed between these two parties. In 2022 after visiting first respondent’s office applicant learnt that the lease agreement had been cancelled and his stand repossessed from him in 2019.... More
This is an action for divorce in which both parties agree that their marriage has irretrievably broken down. There are no children born of the marriage. The last sitting of a pre-trial conference was held on 10 July 2019 before CHIRAWU-MUGOMBA J and three issues were identified as the matter was referred to trial. The issues are;
a) Whether or not there is fault on the Plaintiff for the end of the marriage and the effect if any of same on the redistribution order of assets of the marriage.
b) What is a fair and equitable redistribution of the assets... More
The appellant was convicted of theft of motor vehicle after a trial at Masvingo. He was sentenced to 6 years imprisonment of which 2 years imprisonment was suspended for five years on the usual conditions. He appeals only against his sentence. More
The Appellant is employed as a Divisional Intelligence Officer by the Respondent. Proceedings of the Disciplinary hearing were conducted to inquire into and report on allegations that the Appellant had signed two contracts on behalf of the Central Intelligence Organisation with Leggim Enterprises worth forty eight thousand, nine hundred and seventy eight United States Dollars and seventy six cents ($48 978.76) and twenty eight thousand one hundred and twenty four United States Dollars and twenty cents (US $28 124.20) for the construction of a store room and water and oil separator without authority from the Chief Procurement Officer (CPO) PIO... More
This is an appeal against the respondent’s decision to down grade the appellant. The appellant alleges that the decision to demote him is grossly unreasonable, so grossly irrational that the matter becomes reviewable by this court.
The background facts of the matter are that the appellant was employed by the respondent as a Research Technician in 1982. Applicant’s qualifications are that he holds a National Diploma in Agriculture from Chibero College, he also holds a Diploma in Agricultural machinery from Germany and a post Graduate Diploma in Agricultural Engineering from Granfield Institute of technology. More
This is an appeal against the entire judgment of the Labour Court (the court a quo) sitting at Harare which confirmed the arbitrator’s award against the appellant. More
On 5 August 2022, the plaintiff issued summons against the defendant claiming the total amount of one hundred thousand United States dollars being fifty thousand United States dollars for adultery damages and another fifty thousand United States dollars for loss of consortium and companionship. This was later amended following the defendant’s plea to fifty thousand United States dollars for loss of consortium and conjugal rights and fifty thousand United States dollars for contumelia. More
This application has been brought in terms of s 14 of the High Court Act [Chapter 07:06], and seeks certain declaraturs and consequential relief. From the draft order, the declaratory orders that the applicant has asked for can be summarized as follows:
1. That the first respondent did not validly serve the applicant with the application under HC 3647/17 and, as a result, the default judgment entered against the applicant on 22 November 2017, per MUREMBA J, was sought and granted in error. More
This is an application for condonation of late noting of an application for review of the Respondent to retire the applicant at the age of 60 years instead of the age of 65 years provided in the contract of employment. More
: The plaintiff and the defendant were married on 24 May 2002 and on 15 April 2016 the plaintiff filed summons for divorce and other ancillary relief against the defendant.
During the course of their marriage the parties were blessed with two children who are still minors. They acquired movable and immovable property. Sometime in March 2017 after the commencement of these proceedings the plaintiff who was employed and later retrenched by the National Social Security Authority (NSSA) got his retrenchment package.
At the per-trial conference held on 26 March 2018 the parties made concessions and agreed that their marriage... More
On the 8th January, 2014 Applicant filed an application for condonation of late noting of an appeal against an arbitral award. The award to be appealed against was issued on the 19th October, 2012. More
By an order dated 8 March 2018, and with the consent of the parties, this Court referred to the Constitutional Court in terms of s 175(4) of the Constitution, what it perceived to be a constitutional question arising in the appeal. By its order dated 27 June 2018, the Constitutional Court in turn struck the referral off its roll, with an appropriate order of costs. It was the view of the Constitutional Court that the appeal did not raise any constitutional matter, and in particular, that an interpretation of s 72 of the Constitution, which had been part of the... More
The factual background is largely common cause. Sometime in June 2013 the applicant (Clovgate) and second respondent (ZPC) entered into a contract to carry out lift shaft structural refurbishment of the Kariba Power Station. They agreed on a contract price. Clovgate claimed the contract was varied resulting in it incurring extra expenses used in the refurbishment works. ZPC disputed this position which resulted in a dispute between the parties. The parties then appeared before the 1st respondent for arbitration. More
This matter had been set down for the 24 May 2013. Both parties were informed that matter was postponed to a date to be informed by the Registrar. The Registrar called and advised both legal practitioners that the matter had been set down for hearing on 31 May 2013. Applicant is therefore in wilful default. More
