The applicant herein presently holds certain equipment attached by him pursuant to execution of judgment in Barnsley v Harambe Holdings HC 6651/10. The judgment creditor obtained an arbitral award in September 2010 for the payment by Harambe Holdings of arrear salary amounting to US$61,879. After the registration of the award with this Court, the notice of seizure and attachment of the equipment in question was issued in October 2010.
The claimant is a wholly owned subsidiary of Harambe Holdings. However, it asserts that the seized property belongs to it and not to Harambe Holdings. The judgment creditor disputes this on... More
The plaintiff company (“lessor”) filed summons out of this court on 14 June 2006 seeking the eviction of the defendants (“lessee”), who are husband and wife, from subdivision D of Derbyshire Farm (“the farm”), holding over damages from the date of summons to the date of eviction and costs of suit. The defendants filed their plea and counterclaim on 12 December 2006. In the plea they sought the dismissal of the plaintiff’s claim with costs. In the counterclaim they sought an order of specific performance on payment of $400 000.00 (revalued) plus interest thereon at the prescribed rate from 29... More
The applicant was convicted of murder as defined in s 47 (1) (a) of (b) of the Criminal Code on 20 September 2019 and sentenced to 18 years imprisonment.
He has now filed an application for leave to appeal in terms of r 262 of the High Court Rules, 1971. In his papers the applicant states that “he has good grounds of appeal which are supported by the record of proceedings” he goes on to mention under “Grounds for leave” that he was sentenced for a crime he did not commit, that he was wrongly convicted, and also added that... More
This matter was placed before me by the Registrar as a chamber application. After perusing the papers I issued the following order:
“1. The application for condonation of late noting of an application for review is thereby dismissed.
2. The application is riddled with lies and has no prospects of success.” More
This is an application for bail pending trial. Applicant is being charged with two counts of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. In count one it being alleged that on the 15th March 2021,at about 1520 hours the applicant in the company of his accomplices went to number 5 Coleridge Road, Malindela, Bulawayo armed with a firearm, handcuffs and a knife. Upon arrival the applicant and his accomplices kidnapped two children who were playing outside the yard and dumped them at Ascot shopping centre, Bulawayo. They returned to the house... More
The appellant was convicted of fraud in contravention of s 136(a) & (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], in that on 21st August 2020, with intent to deceive one Enock Atukwa, or realising that there was a real risk or possibility of deceiving Enock Atukwa and intending to cause Enock Atukwa to act upon the misrepresentation to the prejudice of Dorcas Kandiero or realising that there was a real risk or possibility that Anock Atukwa may act upon the misrepresentation to the prejudice of Dorcas Kandiero by misrepresenting that he was the son of Dorcas... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on the 1st April 2021. Itwas then placed before me and I directed that the copy of the application and a notice of set down be served on the respondents. The application was then set-down for the 7th April 2021, and on the set-down date, 1strespondent was not in attendance. I scrutinised the return of service and observed that the application and the notice of set down were served by affixing the processes on a letter box at number 15 1st Avenue, Famona, Bulawayo. I was... More
MABHIKWA J: Applicant made an urgent chamber application against the two (2) respondents whom he says he knew only as Chef Gona and Mpofu respectively. He claims that he became a beneficiary of plot number 1 Umguza, Lower Nondwane of Unguza in the year 2020. He however says he was not given an offer letter when others were given, he still does not know why. More
This is an appeal against an arbitral award issued by Honourable K M Nhongo on 5 December 2013. The award ruled that the appellants were not entitled to the retrenchment package they were seeking, which package was in terms of a determination made by the Minister of Labour and Social Welfare (“the Minister”). The arbitral award ruled that the appellants were, instead, entitled to a retrenchment package in terms of an agreement they had entered into with the respondent, prior to the Minister’s determination. More
This is an appeal against the granting of an application for summary judgment against the appellant by the court below. Having issued summons against the now appellant as the defendant, and an appearance to defend having been entered, the respondent herein applied for summary judgment claiming arrear rentals in the sum of US$8800.00 or its equivalent in Zimbabwean dollars at the prevailing bank rate for the lease of No 18 Harrow Road Masasa, Harare. Also sought was the cancellation of the lease agreement and an eviction of the appellant and all those claiming occupation through them from No 18 Harrow... More
This is an urgent chamber application in which the interim relief sought is that execution, and or attachment, and or removal of property in case number HC 2593/13 be stayed pending determination of an application for a declaratur that the execution is irregular and unlawful, and, that, the ejectment of the applicant and all those claiming occupation through it be stayed pending determination of the same application for a declaratur. The final relief sought is a declaratur, that the execution in terms of case number HC 2593/13 be declared irregular, a declaratur that the debt has been paid in full... More
Applicants in this case are leaning on a slender reed. In fact, it take a measure of extreme boldness to bring an application of this nature with the hope that somehow the court would entertain the matter and grant the relief sought. More
After hearing argument on September14 2018 I dismissed this application with costs.
I stated that the reasons would be furnished in writing.
On the same day, around 16:35 hrs, the Registrar placed a letter before me.
It was authored by the applicant’s legal practitioners. They were requesting the reasons for my decision for purposes of appeal.
These are those reasons.
This is a court application for review of the disciplinary proceedings wherein first respondent convicted applicant of contravening para 35 (1) of the schedule to the Police Act [Chapter 11:10] (“the Act”) as read with section 29 and 34 of... More
The two applicants’ were charged under the Police Act [Chapter 11:10] for contravening para 35 of the Schedule of offences to the Police Act, as read with ss 29 and 34 of the said Act.
On count one, the state alleges as follows;
“In that on 26 June 2017 and at or near C.I.D Chitungwiza offices, Chitungwiza, the defaulter, being a member of the Police Service, did wrongly and unlawfully acted in a manner reasonably likely to bring discredit to the Police Force, that is to say, the defaulter, after recovering a box containing 50 x 100ml bottles of broncleer... More
Appellant and Respondent engaged in a collective bargaining process with a view to agree on wage, transport and housing allowance increments for January to December 2014. Respondent advocated for an overall increment of 52.2% in wages, transport and housing allowances. Appellant proposed an increment of 2.5% on wages only. Housing and transport allowances were to remain unchanged on appellant’s proposal. A deadlock was declared. The matter was referred to conciliation but was not settled. It was then referred to arbitration and the arbitrator awarded a 10% increment on the basic wages for the employees concerned on 17 March 2014. Appellant... More
