Plaintiff issued summons against the Defendant, on 30 June 2011, claiming:
1. Payment in the sum of US$178 294,00 (one hundred and seventy eight thousand two hundred and ninety four United States Dollars), being damages suffered by Plaintiff as an alleged consequence of defective goods sold to Plaintiff, by Defendant, in or about December 2010.
2. Interest at the prescribed rate, calculated from 15 April 2011, being the date of demand, to the date of payment in full.
3. Costs of suit.
In its declaration, Plaintiff averred that, Defendant knew, at all material times, that it was in the business... More
An application for stay of execution of an arbitral award was placed before me. It was not opposed. The referral minute from the Registrar’s Office stated:
“For your consideration is an urgent application for stay of execution in terms of Section (Rule) 34 of the Labour Court Rules S.I. 59/2006 ... no comments have been filed despite proof of service on the respondent.”
The application was therefore treated as an unopposed matter and the relief sought was accordingly granted. More
This is an application for bail pending trial. Applicant is facing a charge of “unlawful possession of raw ivory of elephant” as defined in section 82(1) of the Parks and Wildlife Regulations S.I. 362/1990 as read with section 128 (1) (b) of the Parks and Wildlife Act [Chapter 20:14]. It is alleged that on the 24th May 2020 and at a bus terminus at Makwika Village, Hwange, the accused unlawfully possessed eight raw unmarked pieces of ivory weighing 9 405 kilograms without a permit. More
: On 14 July, 2016 I dismissed an interlocutory application wherein the applicant in the main divorce matrimonial matter HC 10414/14 sought to resile from an admission made at pre-trial conference. More
The applicants in the main case number HC 6113/16 applied for rescission of judgment in terms of order 9 r 63 (1) (2) of the High Court Rules. The order that was granted in default was under case number HC8895/12. More
When parties appeared before me they agreed that this matter proceeds as a stated case. The first plaintiff is CRIEFF INVESTMENTS (PRIVATE) LIMITED, a company duly incorporated according to the laws of Zimbabwe, the second plaintiff is ALDAWILIA INVESTMENTS (PRIVATE) LIMITED. The second plaintiff changed its name to the first plaintiff. In essence the first and the second plaintiff are one party. The first defendant is GRAND HOME CENTRE PRIVATE LIMITED, a company duly incorporated according to the laws of Zimbabwe and whose address for service is care of its legal practitioners of record. The second and the third defendants... More
The Applicant is Crisis Coalition in Zimbabwe Trust, a trust that has been registered as such in terms of the laws of this country. The respondent is Superintendent G. Moyo, N.O. the Harare District Regulatory Authority in terms of the Maintenance of Peace and Order Act [Chapter 11. 23]. This is an urgent chamber application wherein the applicant is seeking an interim interdict against the first respondent so that he and all acting under or through him will not interfere with the applicant intended public meeting scheduled for 12 August 2022. The application was filed on 11August 2022 but the... More
Appellant who was employed by respondent was dismissed on 2 September 2013 after a disciplinary hearing. The letter of dismissal advised him that if he was aggrieved by the decision of the disciplinary Committee, he may appeal in writing to the Appeals Committee through the Human Resources Office within three working days of receipt of the determination. More
This is an appeal against the Magistrates court judgment dismissing an application for discharge at the close of the State’s case disguised as a court application for review of that decision. It is an unmitigated and flagrant abuse of court process. More
Our jurisdiction is anchored upon the adversarial system of justice delivery. The system has invariably two partiesto it. These are the plaintiff and the defendant in a civil suit, the applicant and the respondent in motion proceedings and the state and the accused in a criminal trial. More
This is an application for bail pending appeal. On 10 September 2020 the applicant was convicted for contravening s 70 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23) having sexual intercourse with a young person. He was sentenced to 3 years imprisonment of which 6 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. More
Sometime in 2017 Cold Storage Company (Pvt) Ltd (CSC) made an application seeking to convene scheme meetings in terms of s 191 of the now repealed Companies Act [Chapter 24:03]. It was so distressed such that it was necessary for it to get into a scheme of arrangement with its creditors. On 22 January 2019 the Minister of Lands, Agriculture, Water, Climate & Rural Settlement (Minister) entered into Livestock Joint Farming Concession Agreement (LJFCA) with the first respondent - Boustead Beef (Private) Limited. More
The plaintiff is a Zimbabwean registered company which deals in art and craft products. The defendant is an international airline carrier which, although constituted in South Africa, is licenced to operate in Zimbabwe and has offices in Harare. More
This is a composite judgment pursuant to bail applications launched by the applicants.
Each applicant is on remand on separate charges of contravening s 14(1) of the Firearms Act [Chapter 10:09]. For purposes of the bail applications, and with the consent of counsel, the matters were consolidated because it was convenient to do so.
Ronald Musekiwa is the investigating officer in the case against the 4th applicant. He is also a member of the investigating team in the other three matters. Being privy to the facts and circumstances of the four matters, he testified in opposition to the applicants’ bid... More
The applicant, a duly registered company has approached this court seeking a compelling order, ordering the respondent to deliver their courtesy vehicle a Ford Ranger, T6, Single Cab, Registration Number, AFN 0119, within 7 days of the date of service upon her of the order. The application is opposed with respondent mounting a counterclaim apportioning liability to the resultant damages to her vehicle as allegedly having been caused by the negligence on the applicant. More
