The plaintiff in this case issued summons out of this court seeking to recover a sum of US$261,430.28, which it alleges is the outstanding balance of fees for security services it rendered to the defendants. In addition, the plaintiff sought to recover interest at the prescribed rate of 5% calculated from 1 October 2011 to date of full payment collection commission and costs of suit. The defendant denied liability. To understand the issues in this case, let me refer to the Statement of Agreed Facts jointly crafted by the parties as the parties opted to deal with this matter as... More
The applicant and his fourteen co- applicants comprise a group of mainly senior Zimbabwe National Army Officers who claim rights of ownership and /or possession of a piece of land measuring 4.1 hectares which is described as stand 393 Greendale Township off Cunningham Road Greendale suburb Harare. The first applicant’s founding affidavit was adopted by the other fourteen applicants who authorized the first applicant to act on their behalf. More
This appeal seeks to determine whether or not it was proper for the Respondent to disallow appellant’s claims for the tax periods between 2010 and 2014. The answer lies in the interrogation of certain claims and expenses claimed by the appellant. That is necessary in order to determine if the said claims and expenses are allowable deductions according in terms of s 15(2) of the Income Tax Act [ Chapter 23:11] (the Act). More
The Respondent was employed by Appellant as a Store man. He was suspended on full pay on 24 May, 2011 pending investigations into allegations that he committed various acts of dishonesty. The allegations were that he acted as an accomplice to theft by assisting an employee of a neighboring company to store stolen goods in Appellant’s premises. He was arraigned for an internal disciplinary enquiry on 4 November, 2011. More
Sometime in September 2019 the applicant and the 1st respondent entered into a written contract in terms of which the latter authorised the applicant to carry out mining activities onthe said mining location,foundwithin a mine calledPrince 3 mine, Registration Number 15124BM. In return the applicant agreed to pay a royalty fee of 18% of the value of the ore it so mined. It was a further term of the contract that it would subsist for a period of sixty months calculated from the date of its signing renewable at the conclusion of that initial period should the parties soagreed.The 2nd... More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court granted the respondent’s claims for costs of repairs and for damages for loss of income following breach of a lease agreement between the parties. More
This is an application for condonation of the late noting of an appeal to the Labour court. The background to the matter is that the applicants lost their jobs with City of Mutare following disciplinary proceedings into their alleged acts of misconduct. Internal appeals by applicants were unsuccessful. Finally, applicants approached the labour officer with a view to him assessing the correctness or otherwise of the internal processes. During the course of the proceedings before the labour officer it dawned on the applicants, the respondent and the labour officer that the labour officer lacked jurisdiction to entertain the matter on... More
This is an appeal against the whole judgment of the Labour Court (the court a quo) which allowed two appeals filed in that court by the first and second respondents in terms of s 98 (10) of the Labour Act [Chapter 28:01]. It set aside the two awards made in favour of the appellant and in their place substituted them with an order dismissing the appellant`s claims before the arbitrator. More
This is an application for condonation for non-compliance with the Rules of this Court and for an extension of time within which to file and serve a notice of appeal in terms of the same Rules. The respondents oppose the application. More
Both respondents are incorporated in terms of the laws of this country and are sister companies. The second respondent is a medical aid society while the first respondent is its investment vehicle. For quite some time the appellant was the second respondent’s Chief Executive Officer, a position he vacated prior to the commencement of the proceedings forming the basis of this appeal.
On 27 March 2018, the appellant brought a court application in the court a quo for a declaratory order to the effect that he was the holder of ten million shares, representing a 20% shareholding in the first... More
This matter was heard on 13 January 2016 with judgment being reserved. On 27 January 2016 this court determined that in view of the fact that this case raises similar issues as that of Farai Lawrence Ndlovu & Anor v The Minister of Justice Legal & Parliamentary Affairs Constitutional Application No.50 of 2015, it was convenient that the two cases be consolidated and heard simultaneously. More
: The appellant was convicted on his own plea of guilty to contravening s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] (Culpable Homicide). The facts of the matter are that on 9 August 2008 at 1700 hours, and at Dema, the appellant, who is employed by the Zimbabwe Electoral Commission, ran over the deceased, 12 years of age, with a vehicle which he was driving and the deceased died on the spot.
Upon conviction, the appellant was sentenced as follows:
a) Seven months imprisonment, of which four months imprisonment was suspended for five years on condition... More
This is an application filed on urgency in which the applicant seeks a provisional order in the following terms:
“TERMS OF ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:-
1. The respondents be and are hereby directed to stay all attempts at executing against the applicant’s property pending the hearing of the appeal case no. SC 458/17.
2. The 1st respondent shall pay the costs of this application More
Applicants applied for condonation of late filing of an application for review. The respondent opposed the application. I will deal with the matter under two (2) sub- titles namely “Delay” and “Prospects”. More
