The plaintiffs seek an order for-reimbursement of the purchase price paid to the defendant for a stand. The defendant sold stand 9547 Tynwald North, Township of Tynwald to the plaintiffs for $7 000, 00 in July 2010. Transfer of the stand was not effected into the plaintiffs’ names as the stand was not fully serviced. More
The applicant was employed by the respondent as a general manager. A dispute arose over the manner in which his personal issue vehicle had been purchased. As a result of which the applicant was suspended and later invited to a disciplinary hearing. He was found guilty after the proceedings had been conducted in his absence and he was dismissed. More
The plaintiff and defendant were joined in holy matrimony on 23 September 1992 at Harare in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. Both of them were born and bred in Zimbabwe hence they are domiciled in Zimbabwe. Their marriage was blessed with two children born on 29 December 1991 and 3 December 1993 respectively.
On 21 August 2002, plaintiff filed a suit for divorce against the defendant. He alleged that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a... More
This is an application for condonation of late noting of an appeal. The reasons proffered for approaching the court later than is set out in the Rules is that the respondent did not furnish timeously the applicant with the record of proceedings. It was submitted on behalf of the applicant thatonce the respondent availed the said record, the applicant commenced to note an appeal with this Court. By then he was already out of time, hence this application. More
This is an application for leave to file medical documents and amend grounds of appeal to include three more grounds. On the 2nd March, 2015 Applicant filed an appeal (LC/H/181/15) in this Court against the Disciplinary Authority‘s determination of the 10th April, 2014 in which he was dismissed from employment for:-
- Not reporting for duty on time since 3 June, 2012 to 28 March, 2013.
- Disregarding official instruction directing members to sign in and out in the attendance register.
- Absenting himself from duty during office hours for the period mentioned above. More
The applicant has approached this Court for interim relief in terms of section 92 E (3) of the Labour Act [Cap 28:01].
The applicant employed the respondents in various capacities. It is alleged that the applicant was underpaying the respondents which resulted in the matter being referred to a labour officer for conciliation and finally to an arbitrator. The arbitrator found in favour of the respondents and the applicant has appealed against that decision. Pending the determination of the appeal the applicant has applied for a stay of the execution of the arbitrator’s award. More
This is an application challenging the constitutionality of the provisions of s 314 of the Urban Councils Act [Chapter 29:15] as being ultra vires the provisions of ss 264 and 265(1) and (2), s 274 and s 276 of the Constitution of Zimbabwe. The applicant applies that s 314 of the Urban Councils Act [Chapter 29:15] (hereinafter referred to as “the Act”) be set aside. The application is opposed. More
The first applicant is the Combined Harare Residents Association, a voluntary association or common law universitas which represents the interests of the residents of Harare in political and civil matters. The second applicant is Allan Norman Markham, an activist and former member of Parliament for Harare East constituency. The first respondent is the Zimbabwe Electoral Commission, a constitutional commission established in terms of s 238 of the Constitution of Zimbabwe, whose functions include the conducting of elections in Zimbabwe and the obligation to delimit constituencies, wards and other electoral boundaries. The second respondent is the President of the Republic of... More
This is an appeal against the judgment of the High Court sitting at Harare under case number HC 6431/14 and judgment number HH 405/17 handed down on 28 June 2017. The respondents had filed an application for a review of the first appellant’s decision in proceedings which led to the dismissal of the first and second respondents. The court a quo set aside the dismissal of the second respondent and ordered that he be reinstated to his former position as Lieutenant at the School of Signals. More
MAKONESE J: This is an application for summary judgment. It is premised on a summons for eviction. The application is opposed.
Factual Background
On 9 June 2017 the applicant and respondent entered into a commercial lease agreement in respect of stand 80 Simon Mazorodze Road, Harare (the property). In terms of clause 1.4 of the agreement the parties agreed that there would be a rent review annually. In September 2019 a dispute arose between the parties with respondent demanding to negotiate and to have access to the agreements in relation to the review between the primary landlord and the applicant.... More
On 20 June 2012, this court granted an order placing the respondent under provisional liquidation following an application by the applicant, one of the respondent’s creditors, which is owed a sum of US$935 796-33 in terms of yet another order of this court issued by consent on 12 January 2012. More
This matter was first placed before my brother MAFUSIRE J on 2 February 2017. The applicants successfully sought his recusal and since we are only two judges at the station the matter landed on my desk. I proceeded to set the matter down for hearing on 8 February 2017 but on that date I was advised that Counsel for all the respondents were not available due to earlier commitments. I was compelled to reschedule the matter for hearing on 15 February 2017. More
The applicant is the Commercial Workers Union of Zimbabwe, a union which represents the interests of commercial workers in Zimbabwe. The respondents are members of the union who filed an ex parte application in the magistrate’s court and obtained the following interim order: More
The facts of this case are largely undisputed. Following suspicion that respondent had committed acts of misconduct, he was suspended without pay and benefits on 12 October 2009. The letter of suspension also invited respondent to attend a disciplinary hearing on 30 October 2009. Two charges were preferred against the respondent it being theft or fraud and failure to deposit subscriptions he received within the stipulated seven days. He was found liable and dismissed. Respondent referred the matter to the Ministry of Labour for conciliation. Conciliation failed and the parties subsequently More
This is an application for a declaratur in terms of which the applicant seeks the following order.
1. That the allocation and sale of stands 19751 – 19793 Budiriro Township to applicant’s member co-operatives by the first respondent is legally binding and
2. The first, second and third respondents be and are hereby ordered to stop the re-planning and or re-allocation of stands 19751 – 19793 to any other person who is not the applicant’s member co-operatives.
3. The sixth respondent be and is hereby ordered to demolish the brick and mortar wall erected encroaching over the applicant’s member co-operatives... More
