The matter has a long and chequered history in this court. The matter was initially placed before this court as an appeal matter under reference LC/H/486/14. The appeal was struck off the roll on the 29th May, 2015 on account of poor citation of the parties. The Applicants after correcting the citation then filed another application reference LC/H/APP/198/2015 for reinstatement of an appeal. The application met with a similar fate. It was struck off the roll on the basis of a wrong procedure having been adopted. Undeterred the Applicants have noted yet another application this time for condonation and extension... More
This is an application for the reinstatement of an appeal which was struck off the roll on 29 May 2015 on account of ill citation of the parties in the matter. The application is at the instance of the applicant employees who submitted that they have now regularised the position by citing all of them employees in their individual capacities pitted against the respondent employer.
Previously the parties had been cited as the workers committee against the respondent employer. The reinstatement application was opposed by the respondent. In that regard the employee took points in limine which it argued should... More
This was an application for bail pending appeal which I declined.I hereby give my written reasons for so doing. The applicant,a German national who was visiting Zimbabwe was charged and convicted of unlawful possession of cocaine as defined in s 157 (a)of the Criminal Law (Codification and Reform Act[Chapter 9:23] as read with Statutory Instrument (93) of 2010 (Dangerous Drugs Amendment Regulations No. 8) as read with part 1 s 4 (a)of the Dangerous Drugs Regulations Government Notice 1111/75. More
At the close of submissions, I invited counsel to file supplementary heads of argument. The heads aimed at clarifying the issue of whether or not the applicant, as director and shareholder of the first respondent, did have Locus Standi to petition the court as she did. The issue arose from my reading of Tett and Chadwick who, in their Zimbabwe Company Law, second edition, discussed categories of persons who can apply for the winding up of a company. More
Two ladies wanted to build a house. They only had the ground but no title to it. Keenly aware of price fluctuations, they bought building material from the defendant whilst waiting for title to the land to be processed. The defendant persuaded them to pay for the roof and roof trusses before-hand. They paid. When time to deliver arrived, the defendant demanded more money for the same material. The ladies refused and insist that since they have performed their side of the bargain, the defendant must deliver. They sued for specific performance.
The Evidence More
This is an opposed court application seeking a declaratory order and other ancillary relief in the following terms:
“IT IS ORDERED THAT:
1. The agreements of sale entered into by and between first respondent, second and third respondents on 8 September 2020 in respect of Plot No. 49, Halfway Farm, Kadoma and Plot No. 50, Halfway Farm, Kadoma be and are hereby declared null and void.
2. The second and third respondents and all those claiming occupation through them be and are hereby ordered to vacate Plot No. 49, Halfway Farm, Kadoma and Ploy No. 50, Halfway Farm, Kadoma within... More
The respondent is a transport operating entity duly registered in terms of the laws of Zimbabwe. The appellant was employed by the respondent as a bus conductor. His duties included collecting fares from passengers and for such passengers’ luggage and issuing tickets to the said passengers . More
The plaintiff herein issued summons against the excipient, the defendant, on 15 April 2010. After filing an appearance to defend, the excipient sought further particulars to the plaintiff’s claim on 4 May 2010. These were filed on 7 May 2010. Attached to the further particulars was a note from the excipient dated 19 October 2009. On 4 June the defendant then filed this exception. The exception is as follows: The defendant has excepted to the plaintiff’s summons in that it is bad in law and does not disclose a cause of action and further that it is vague and embarrassing... More
This is an appeal against a determination of the disciplinary authority of the respondent.
The appellants were employed as auditors by the respondent until 24 June 2014 when they were discharged from service.
During the period 1 January 2013 to 31 December 2013, the appellants were assigned to pre-audit the expenditure vouchers of the Zimbabwe Prisons and Correctional Services (“ZPCS”) whose values ranged from US$1 000-00 and above.
Arising out of the pre-audit, the appellants were charged with misconduct in terms of section 44 (2) (a) as read with the first schedule (section 2) paragraphs 2, 3, 13 (a) and... More
Applicant was convicted of the offence of unlawful possession of a firearm as defined in s 4 of the Firearms Act, [Chapter 10:09]. He was convicted by the Magistrate at Harare on 12 June 2018. The applicant was sentenced to 4 years imprisonment with 1 year suspended on conditions of good behavior. This left him to serve an effective 3 year sentence. The applicant was aggrieved by the judgment and sentence and noted an appeal to this court. The appeal is pending determination under case No. CA 345/18. More
This is a bail application pending trial. Applicant is jointly charged with one Juliet Isaka with one count of robbery as defined in section 126 of the Criminal law [Codification and Reform] Act Chapter 9:23. The applicant appeared before the Beitbridge Magistrates Court, whereupon he was placed on remand and detained in custody. He was advised to make his bail application before this court. More
On 25th October 2011 Applicants filed an application in this Court. They prayed for an order to compel Respondent to comply with orders made by the Labour Board of the Export Processing Zones Authority in 2005. The orders by the Board directed Respondent to reinstate Applicants in its employ. Respondent opposed the application. More
The appellants appeared before a Magistrate sitting at Chipinge facing a charge of contravening section 82 of the Parks and Wildlife General Regulations Statutory Instrument 362 of 1990 as read with section 128(1)(b) of the Parks and Wildlife Act [Chapter 20:14]. The appellants were sentenced to the mandatory 9 year imprisonment term each. They now appeal against both conviction and sentence. More
This is an application for bail pending trial. This application was determined on written submissions only. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 11 June 2020, applicant appeared before Binga Magistrate’s Court, whereupon he was placed on remand and detained in custody. The allegations from which the charge of murder arises are set out in the Police Form 242, commonly called a Request for Remand Form. It states that: on the 2nd October 2020, the applicant waylaid the now deceased who... More
On the 20th December 2018 I struck off the matter from the roll after hearing submissions from the parties’ counsels in the family motion court and giving an ex tempore judgment. The counsel for the plaintiff requested me to provide a full written judgment containing my reasons. The following are the reasons. More
