This is an application for leave to appeal this court’s decision to the supreme court.
The intended appeal seeks to challenge a finding of this court to the effect that the meeting held by the applicant was not valid for failure to comply with statutory provisions of the Rural District Councils Act [chapter 29:13]. The applicant seeks to argue, among other issues that it was the respondent who had called the meeting a special council meeting in terms of Section 46 (4) of the Rural District Councils Act when the meeting was in fact not a special council meeting as... More
The first and second plaintiffs are husband and wife. But for seven years from 2003 to 2010 the second plaintiff [“Herbert”] cohabited with the defendant [“Kudzanai”]. Much of that cohabitation was at a property situate Stand 453 Northwood, Mberengwa Business Centre, Mberengwa. More
The Applicant was engaged by the Respondent as a Laboratory Technician at its Lynx Mine. It is alleged that the Applicant absented himself from work resulting in his dismissal. The letter of dismissal is dated 14 January 2013. The application for condonation was made on 11 December 2013, some eleven (11) months later. More
: The accused is charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He is alleged to have intentionally and unlawfully assaulted and killed his girlfriend on 19 June 2009 following a domestic dispute. More
This is application in terms of s 52 (9) (i) of the Administration of Estates Act [Chapter 6:01]. The relief sought has been couched in the following terms:
“IT IS ORDERED THAT:
1. The application challenging the acceptance of claims made by the first respondent be and is hereby granted.
2. The first respondent’s claims for medical and funeral assistance cannot be sustained and therefore must be rejected.
3. The second respondent is ordered to amend the distribution account by specifically removing the medical expenses claim of US$28 869.00 and funeral expenses claim of US$20 210.00 from the distribution plan... More
This is an appeal against the judgment of the Labour Court dismissing an application for condonation for the late filing of heads of argument. The application was dismissed with costs. More
The applicant deposed to the founding affidavit in his capacity as the executor testamentary of the estate of his late father who also answered to the same name as the applicant. The late Daniel Alexander Hartman (the deceased) was the registered owner of a piece of land situate in the District of Salisbury known as Subdivision G of Kinvarra (the property). The property is 50,7910 hectares in extent, and is located in the Mount Hampden area on the outskirts of Harare. It was held under two separate title deeds, with each confirming ownership of an undivided one half share. These... More
This is an appeal against the decision of the Respondent’s Disciplinary Committee where it found the Appellant guilty of being absent from work for more than 5 days without reasonable excuse and subsequently dismissed him.
The case has a long history of default judgments, rescission, striking off of the matter and at one point a withdrawal of the matter when there were efforts to have the matter settled out of court. The history being what it is, it is pertinent to note that it is only in the instant case that this case has been heard on the merits. It... More
The above is an application for leave to appeal against sentence by DanielChimunhu in person.
The accused pleaded guilty for contravening s 157(c) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was found with a total of thirty dagga plants measuring an average of two metres in height without a permit. More
The first applicant is a director of the second applicant company Daniel Technologies P/L. The first respondent is a company in the business of letting out properties.
On or about July 2008 the parties concluded a written lease agreement in respect of premises situate at 14th Floor, North Wing, Cabs Centre Stand Number 736B corner Sam Nujoma and Jason Moyo Avenue Harare.
The second applicant subsequently fell into arrears resulting in the parties concluding a deed of settlement on 15 October 2009.in the following terms:
“1. The lessee shall settle US$12,627.09, which is part payment of the balance of its... More
The applicants seek the following relief: -
1. The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quoante is restored. More
The appellant who was interdicted from harvesting any produce in the respondent’s plantation located in Hamudikuwanda village Headman Mandeya, lodged an appeal against the decision of the court a quo. The interdict was in relation to a communal homestead and banana plantation thereto. The matter which was initially placed before the court a quo as an application was procedurally converted to a fully fledged trial on basis of existence of material disputes of facts. After hearing evidence the court a quo ordered the following:
“a. the respondent or anyone operating through him be and are hearby interdicted from using, harvesting... More
The matter was placed before me as an appeal against a determination by the Responsible Disciplinary Committee handed down on the 6th August 2013 which determination found the Appellant guilty on a charge of violation of Schedule Part J, Sub-section 2 (b) of the relevant Code of Conduct and consequently a dismissal penalty was imposed. More
After reading documents filed of record and hearing submissions by the appellant who was a self actor and the respondent’s counsel we dismissed the appeal with costs. An indication was made that the reasons would be availed. Here they are.
This is an appeal against the whole judgment of the Provincial Magistrate sitting at Gweru Magistrates’ Court which dismissed appellant’s application for condonation for the late filing of his application for default judgment of 26 may 2015. More
