: The appellant was an aspiring Presidential candidate in the 29 March 2008 harmonized elections. On the 15th of February 2008, he presented his nomination papers, to the 1st respondent who refused to accept them. He alleges that he arrived at the Nomination Court at around quarter to four while another aspiring candidate Advocate Justin Chihota was being attended to. He approached the 1st respondent who told him to await his turn as he the 1st respondent was attending to another candidate. He alleges that in spite of his having been asked to await his turn he was eventually told... More
On the 22nd of July 2022 the plaintiff sued out summons out of this court seeking US$23 600-00 in damages against the defendants arising from a road traffic accident that took place at the 84km peg along the Harare Chirundu Road. The claim is broken down as follows,
1. US$ 10 800 -00 being replacement value of a damaged motor vehicle a Mercedes Benz C200.
2. US$1 800 -00 for medication and allied costs.
3. US$260-00 being cost of towing the motor vehicle incurred by the plaintiff.
4. US$6 000-00 for pain and suffering incurred by plaintiff.
5. US$5 000-00... More
The will of the testator was invalidated by his subsequent marriage to second respondent. Section 14 of the High Court Act [Chapter 6:06] grants the High Court power to enquire into and determine any existing, future or contingent right or obligation upon application by an interested person. Section 30(1) of the Administration of Estates Act [Chapter 6:06] provides inter alia that letters of administration granted to a person as testamentary executor are subject to revocation or annulment upon proof to the satisfaction of the High Court that the will is null. More
The applicant raised a preliminary issue in these proceedings that the application was opposed as the person who filed the opposing affidavit did not provide proof of the capacity in which she deposed to the affidavit. It was argued further that she had no authority to depose to the affidavit. More
At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence... More
This is an application for review.
The background is that the applicant was employed by the Respondent before charges of non-compliance with established procedures/standing instructions, making false report or giving false statement or evidence, and neglect of duty were levelled against him. More
On 3 February 2014 under Case No HB 158/13, the High Court sitting at Bulawayo convicted the applicant of murder with actual intent to kill. After finding that there were no extenuating circumstances surrounding the commission of the offence, the court passed a sentence of death. More
This is an opposed court application. The relief sought by the applicant is that the sale in execution and transfer of stand 12038 Bulawayo Township of Bulawayo Township lands situate in the district of Bulawayo and also known as number 8 Annie Morris Road, IIanda, Bulawayo (the property) in favour of the 3rd respondent be set aside as null and void and title in the property revert to the names of the applicant; that the 5th respondent be ordered and directed to facilitate the registration of the property in the name of the applicant; and respondents pays costs only if... More
MABHIKWA J: This is an application for the rescission of a judgment. She seeks the following order that:
1. The order granted under HC 2882.18 be and is hereby rescinded.
2. The applicant be and is hereby ordered to apply for the setting down of the matter within seven (7) days from the granting of this order.
3. Costs of suit to be paid by 2nd respondent on an attorney and client scale.
The background facts of this matter are briefly as follows:
Under case number HC930/14 the applicantowed 2nd respondent the sum of US$33 007,25. Judgment was obtained. A... More
On 17 October 2012 the applicant, a self actor, filed an urgent chamber application under case No. HC12128/12 seeking to interdict the first respondent from convening the 2nd All-Stakeholders Conference regarding the constitution making process pending publication of the National Statistical Report in the Local media. More
On the 18th February 2015 the plaintiff sued the defendants, jointly and severally, the one paying the other to be absolved for:
1. Payment in the sum of US$11 000.00;
2. Interest on the sum of US$ 11 000.00 at the prescribed rate from the date of service of summons to date of payment in full; and
3. Costs of suit. More
This is an appeal against the decision of the respondent’s appeals officer, who upheld the appellant’s dismissal from the respondent’s employment. More
The applicant and the respondent entered into a fixed term contract of employment which the respondent terminated before the expiry of the fixed term. The applicant filed this application for a declaratur on the basis that clause 3.2 of that contract only allowed the employee but not the employer to terminate on notice. More
The plaintiff instituted divorce proceedings in February 2004, claiming for the granting of the divorce and an order allowing each party to retain his or her assets currently in their respective possessions. More
The grounds of appeal were six-fold as follows,
“1. The DA erred at law by failing to consider that 1st applicant was not on a fixed contract and he did not confirm that he was on a fixed contract.
2. The DA erred in failing to consider that respondent failed to prove that 1st applicant was on fixed term contract.
3. The DA erred in failing to consider that applicants substantiated their claims of under payment of wages.
4. The DA failed to consider that there is no doctors’ report which stated that 1st applicant was fit to work as... More
