The plaintiff issued summons against the defendant for specific performance. It sought payment of ZWL$ 28 140.03, interest at the prescribed rate plus costs of suit. In its declaration, the plaintiff averred that it entered into a contract for the provision of security guard services with the defendant for the period 1st of January to the 30th of September 2022. These services were to be provided at three of the defendant’s catchment areas. Payment for such services was to be made on a monthly basis upon furnishing of an invoice. The plaintiff’s invoices totalled ZWL$47 344. 619.61. Of this amount,... More
This is an application for absolution from the instance which was made after the first defendant, which is the plaintiff in the counterclaim, closed its case. For convenience, the parties will be referred to as they appear in the pleadings filed of record. More
The plaintiff brought a claim against the defendant for payment of $17 420-71 for goods sold and delivered to the defendant for period ending March 2015. The plaintiff claimed interest at 18% per annum and an order declaring stand 7923 Tynwald Township of stand 7739 Tynwald Township held under Deed of Transfer number 1489/2009 especially executable. The plaintiff also sought costs on a higher scale and collection commission. More
In this court application the applicant seeks an order in the following terms;
“IT IS HEREBY ORDERED THAT:
1. The application be and is hereby granted.
2. The agreement of sale entered into by and between the applicant and the first respondent dated 3 September 2013 in respect of immovable property subdivision called stand 18102 Ruwa measuring 34 895 square metres situate in the District of Goromonzi be and is hereby declared and confirmed as valid, binding and enforceable. More
This is an application for condonation of late filing of an application for rescission of a default judgment entered against the applicant. The detailed facts are as set out in the applicant’s founding affidavit and, because of the attitude that I have taken in this case, I do not wish to regurgitate them. Suffice it to say the key facts are briefly as follows: More
The applicant and first respondent are former spouses. The parties were married under customary law in 1996. Their marriage was blessed with two children but was apparently not registered. Their customary law union was purportedly dissolved in the Magistrates Court on 28 October 2010. The presiding magistrate in dissolving the customary law union indicated that as the value of the Property in question exceeded her monetary jurisdiction, she could not deal with the issue of the distribution of the immovable property. More
The applicant is a company duly registered in Zimbabwe. It is a vendor for the design, configuration and commissioning of pre-payment metering technology (PMT) used in the buying and selling of electricity tokens in 13 Southern African countries. The first respondent is a body corporate established in terms of s 5 of the Public Procurement and Disposal of Public Assets Act [Chapter 22:23] (the Act). It is mandated by s 54 (10) (c) as read with s 96 of the Act to, inter alia, investigate anomalies that may arise in public procurement in Zimbabwe. The second respondent is a company... More
The facts of this matter can be summarised as follows. In 2012, the applicant was awarded a tender by the 2nd respondent for the design, configuration and commissioning of a pre-payment, vending and management system. This system is the one used in Zimbabwe for the electricity tokens for prepaid meters. The system was upgraded in April 2022. It came as a surprise to the applicant that the 2nd respondent decided to embark on a competitive bidding process to procure a similar platform as the current one in view of the upgrade. Such procurement is in breach of the PPDAA, which... More
This is an appeal by the Appellant against dismissal from the Respondent’s employ. Before merits of the appeal could be heard, Ms Maposa who appeared on behalf of the Respondent raised a point in limine.
Ms Maposa contended that the grounds brought by the Appellant should have been by way of review and not by appeal. This is so because Ms Maposa continued, the grounds raise procedural issues and not the substantive correctness or otherwise of the decision being appealed against. It was also averred on behalf of the Respondent that the grounds of appeal are vague. Mr Chimutashu who... More
This matter has a sad history of dragging back and forth since 2014 with the parties engaged in a series of applications and counter applications but the merits of the matter not being dealt with.
Finally on 17 March 2015 the parties agreed that they had haggled over the matter for long enough and now wanted finality of the matter on the merits. This led to the parties submitting on the merits of the appeal at employee’s instance which is the main matter on the case. Judgment was reserved from 23 March 2015 a date which parties agreed they would... More
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
