This judgment is rendered pursuant to an application for absolution from the instance made by the defendants at the close of the plaintiffs’ case. The plaintiffs’ claim is multifaceted, arising from Debt Recovery Joint Venture and Management Agreements (the joint venture agreements) between the plaintiffs and the defendant. The defendants are alleged to have breached that joint venture agreements in numerous ways. More
In 1999 the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate. The immovable property, described as Stand 382 Good Hope Township of Subdivision B of Good Hope, was transferred to the applicant in April 2007 by deed of transfer number 1597/2007. More
: Through a s 5 notice which was issued in terms of the Land Acquisition Act, Government compulsorily acquired Sub-division A of Lendy Estate (“the farm”) which measures 2780.97 hectares in extent. Prior to its acquisition by Government, the farm belonged to the applicant which is a legal entity. It was acquired on 12 July, 2002. A portion of the farm falls within the boundaries of the municipality of Marondera, according to the applicant. More
The Appellant was employed by the Respondent in 1995 as the Administrative Manager. In 1999 he was appointed to the position of General Manager Bulawayo Makro Store. In 2003, he was transferred to Harare as General Manager for Mukuwisi Store. More
Appellant worked for Respondent as Hospital Administrator in Chipinge. He was dismissed from employment after being found guilty of misconduct by the disciplinary authority. He appealed but the appeals authority dismissed the appeal. Appellant then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
Plaintiff issued summons against the defendant claiming:
“(a) US$40 000,00 being defamation damages to plaintiff’s reputation or good name (sic).
(b) Costs of suit on an attorney and client scale.”
In paragraph 6 of the declaration it is averred that:
“On the 11th of December 2018, at Bulawayo, an article titled “Dodgy lawyer costs Law Society $4 million” was published in the Chronicle Newspaper. The said newspaper is widely published in the Republic of Zimbabwe and is widely read by the general public. Also the newspaper is published through the internet. The article was written by the 2nd defendant, edited... More
The plaintiff in this matter claims general damages for malicious arrest and detention as well as special damages in respect of his motor vehicle. His original claim was for a total sum of US$60,860 but this amount was reduced to US$20,600 at the trial. More
On 6 December 2011 the plaintiff issued a summons for damages for defamation and for iniuria. The defamation claim was against the first and second defendants. The iniuria claim was in two parts; the first against the first and third defendants, and the second against the first defendant only. More
The applicants approached this court on an urgent chamber basis seeking a provisional order in the following terms:-
“TERMS OF THE FINAL ORDER SOUGHT
1. It is hereby ordered that the respondents be and are hereby barred from interfering with the occupation, possession and use of the applicant’s land use and paece. (sic)
2. The respondents pay costs of suit on a higher scale. More
On 6 May 2011, the applicant and a co-accused, Simbi, were convicted by the Magistrates Court, Harare, of eight counts of contravening s 137 (1) (a) (i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Both More
It is common cause that the appellant signed an agreement of full and final settlement after the verdict of dismissal. On 17 December 2013 he accepted a sum of $825-69 in full and final settlement of his terminal benefits. In that agreement he also accepted that he was not going to claim in future or in retrospect any payments of any nature arising out of the same subject matter.
It is because of this agreement that this court finds that the appeal lacks merit. The appellant should not have accepted any settlement if he wanted to appeal against the verdict... More
The brief facts are that applicant who was employed on a fixed term contract by respondent was dismissed from employment on a charge of gross negligence in July 2012. The last such contract was for the period 11 May 2012 to 9 August 2012. On appeal to this court, applicant was successful. Respondent was ordered to reinstate him without loss of salary or benefits or alternatively damages in lieu of reinstatement. Applicant lodged an application for quantification of damages. Unfortunately applicant defaulted on the date of set down, despite proper service. The court proceeded to determine the matter and awarded... More
This is an application for quantification of damages following an order of this court whose operative part reads:
“The respondent having conceded to the appeal, the appeal be and is hereby allowed. The director’s verdict be and is hereby quashed and the Disciplinary Committee’s verdict be and is hereby confirmed. More
The 2 applicants are husband and wife of Chinese extraction. They jointly own a 50% shareholding in the respondent, a company registered in Zimbabwe and is involved in the business of manufacturing and wholesaling weaves, a hot favourite of the female gender at the moment. The 2 applicants are also directors of the respondent along with Jeong Hyun Park and his loving wife Jung Ja Choi who completed the cast of a formidable four member board of directors of the respondent company. The other 2 directors are also of Chinese persuasion. Its not just their common interest in the company... More
The appellant was convicted of unlawful entry in aggravating circumstances as defined in section 131 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended on condition of restitution to the complainant. More
