On 23 March 2022, at the instance of the first respondent who was challenging the decisions of the Master of the High Court to confirm interim liquidation and distribution accounts in respect of the Estate of the Late Edward Nyanyiwa, the High Court (“the court a quo”) issued the following order: More
This is an appeal against the whole judgment of the High Court handed down on 11 November 2020 wherein the first respondent was granted an eviction order against the appellant. Aggrieved by this decision the appellant noted the present appeal on several grounds of appeal which can be reduced to one issue which is whether the court a quo erred in granting the eviction order.
The first respondent is in possession of an offer letter issued by the second respondent on 16 June 2014 in respect of sub division 2 of Lot 1 of Averlan in Hurungwe Mashonaland West Province... More
At a resumed Pre-Trial Hearing held in my Chambers on the 4th October 2017; with plaintiff having made an application in terms of Order 26 r 182 (11), I ordered that the seconddefendant’s defence be struck out and that judgment as prayed for by the plaintiff in his declaration be ordered against second defendant. More
The applicant approached the court seeking a servitude of a right of way to access his plot which is land locked. The respondents opposed the application on the basis that the applicant already has access to his plot through another plot namely Plot 1 and further that the applicant is seeking a permanent benefit but has not offered compensation which is associated with such nature of permanent benefit.
The issue that falls for determination in this matter is whether or not the applicant is entitled to the servitude of a right of way. More
This is yet another dispute over the process leading to the appointment of an individual to the prestigious and respected position of chief. The chieftainship in question is that of the Makore community of Gutu in Masvingo province. What probably sets this dispute apart, however, is the rather unique manner in which the individual concerned, namely Jestia Muzenda (the sixth defendant) ascended to the throne. He rose to become Chief Makore after his father Johannes Chadzimira Chihambakwe ceded his nomination for the throne to him. He did so via an affidavit to that effect in October 2018. The cession was... More
This is an appeal against the decision of the National Employment Council (NEC) Welfare and Educational Institutions Appeals Committee which confirmed Appellant’s dismissal verdict. More
The matter was placed before me as an application for dismissal of a matter in terms of Rule 19(3) and (4) of the Labour Court Rules, 2006. The application was opposed.
The applicant in his founding affidavit averred that the respondent filed an application for condonation of late noting of an appeal against the decision of the Arbitrator handed down on the 31st of August 2013. He had duly served his notice of opposition to the application on 24 September 2012. The respondent having then failed to file heads of argument in terms of the Rules he filed a chamber... More
“It will be contended that the Appeals Committee erred in one or more of the following:
1. The disciplinary committee misdirected itself in hearing and conducting the case leading to the Appellant being dismissed from work.
2. The Appellant clearly did his best as a prudent person to advise the disciplinary committee that their failure to call witnesses who had testified against the Appellant to be cross examined by him was to his prejudice.
3. There was a procedural irregularity by the disciplinary committee when they did not consider that the local sector official must notify the employee concerned that... More
The Plaintiff and Defendant were married on 25 September 2001 under the then Marriage Act [Chapter 5:11] now Marriages Act [Chapter 5:17]. The union was not blessed with any children. On 9 May 2023 the Plaintiff issued out summons claiming a decree of divorce and ancillary relief. He submitted in the declaration that the marriage had irretrievably broken down to an extent that there are no prospects of restoration of a normal marriage relationship between them. He further submitted that during the subsistence of the marriage, the parties acquired one immovable property and some movable assets including a mercedes benz.... More
This is an application for condonation for the late noting of an appeal. The background to the matter is that appellant lost his job with Tennis Zimbabwe following disciplinary proceedings. He is unhappy with his job loss so he intends to appeal to the Labour Court about the job loss. His first attempt to appeal in 2022 was followed by incidences of his appeal being deemed abandoned for non-compliance with the Labour Court Rules. Twenty two months later he is seeking for the late noting of his appeal. He attributes the delay to sluggishness on his lawyers’ part. He claims... More
The applicant a student at the University of Zimbabwe approached this court on an urgent basis seeking the suspension of a circular by the University Registrar that had resulted in the removal of all medical students from their halls of residence on and off campus on the 26th June 2017. The removal of students came after a purported violent demonstration which led the University to order all medical students to leave their residence on and off campus within 15 minutes. He also sought an order permitting students who had vacated their accommodation to return and re-occupy their rooms and that... More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court.
Two issues arose at the commencement of the proceedings. The first issue was that Applicants’ legal practitioner was of the view that this was a composite application for condonation AND an application for leave to appeal both to be heard at the same time. After an exchange of pleasantries, it was resolved that the application for condonation was to be heard and a decision made which could then lead to an application for leave to appeal. More
This matter was filed under a certificate of urgency. The order sought in the interim relief is for the applicant to have restoration of occupation of the immovable property situate at stand number 206 Matsheumhlophe Township, Bulawayo. The order sought in the draft order is worded as follows:
“Term relief sought
1. Pending the final determination of this application and final determination of the application in case number HC 1083/21 pending before this court the 1st and 2nd applicants be and are hereby restored into occupation of the immovable property situate at stand number 206 Matsheumhlophe Township, Bulawayo.
2. The... More
