The background of the matter as discerned is as follows. The applicant Aaron Shanje and first respondent Ticharwa Murehwa had a mining dispute which was resolved by the second respondent in applicant’s favour. The applicant had argued before second respondent that the first respondent had encroached into the applicant’s mine. After the decision by second and third respondents, first respondent filed for review before this court which review, the applicant in casu is vehemently opposing. More
The appellant inherited a commercial property from her late husband, Stand Number 615 C Avenue, Mutare. The property houses several tenants who were paying rentals. More
This is an opposed application in which the applicant sought the following order:
“1. The applicant be and is hereby declared to be the legal owner of stands 14786, 14787 and 14788 Selbourne Park, Bulawayo.
2. The cancellation of the agreement of sale entered into between the applicant and the City of Bulawayo over the purchase and transfer of stands 14786, 14787 and 14788 Selbourne Park, Bulawayo to be declared unconstitutional, unlawful, null and void and of no force and effect and is set aside.
3. The City of Bulawayo’s decision to repossess and sell applicant’s stands 14786, 14787 and... More
This is an appeal against the refusal by the court a quo to grant the appellant bail pending trial.
The background facts are these: - The appellant is an Egyptian national. On 12th November 2021 he came to Zimbabwe on a visa which was due to expire on 12th December 2021. He did not leave the country when the visa expired but stayed on until 7th March 2022 when he was arrested by Immigration officials at number 19 Barring Drive Barham Green where he was staying with his wife, who is Zimbabwean. More
Applicant seeks an order directing the respondents to return to him a Toyota Cressida motor vehicle registration number ANN 1574 within 48 hours of the service of the order. Applicant engaged the first respondent, car dealership to find a buyer for the motor vehicle in issue second respondent is its director. He would leave the vehicle displayed for sale at the first respondent’s premises and take it away on weekends. Around 20 November 2006 he gave the second respondent the asking price of $5 million for the motor vehicle. He was advised that a buyer had been found for that... More
In this contested matter the applicant approached the court seeking the court to direct the Registrar General to issue the applicant with a National Identity document and to replace the applicant’s passport upon application and payment of the prescribed fees. More
The plaintiff herein sues in his capacity as the executor dative of the estate of one Ralph Simon Lapin. He seeks, inter alia, an order ejecting the defendant from 120 Harare Drive, Marlborough, Harare (the property), arrear rentals and holding over damages, together with interest and costs on a higher scale. The defendant, who is now a statutory tenant, challenges the plaintiff’s locus standi and also resists the claim on several substantive grounds. In any event, as appears from the Joint Pre-Trial Conference Minute, he admits having breached the lease agreement by the non-payment of rentals. More
The appeal was noted against the determination of the Respondent’s Works Council dated 6th May, 2005. The appeal arises from the dismissal of Appellant after it was found that he had committed an act of misconduct i.e. Negligence Annexure II of Offence 8.2. as per Delta Beverages Code of Conduct. More
This court application for review was filed on the 19th January 2018. The parties appeared before me on the 19th November 2018 and argued the matter. After hearing argument I dismissed the application with costs. More
The applicant has petitioned this court to review the decision of the second respondent to issue the first respondent with an offer letter for land called subdivision 33 of Triangle Ranch 3 (s 13) measuring 22.87 hectares situated in Chiredzi, Masvingo Province. The offer of the landholding was made under the Land Reform and Resettlement Programme (Model AZ Phase 11). The letter is dated 29 July, 2020. The applicant moves the court to grant him the relief which he expressed in his draft order annexed to the founding affidavit in the following wording;
“IT IS ORDERED THAT:
1. The decision... More
On 3RD September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of the damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
On 29 June 2022 after hearing submissions by counsel we proceeded to dismiss the appeal in respect of the conviction and partially acceded to the appeal in respect of the sentence moreso as the state (the respondent) had made concessions in respect the appeal against the sentence. More
The brief background of this appeal is that Appellant was employed as a Driver/Salesman by the Respondent. It is alleged that on the 9th of July 2010 he delivered 28 cases of beer at Sahara Bottle Store in Budiriro Harare. It is also alleged that the appellant told the Respondent that he had sold the beer to Sahara on credit when he had actually been paid US$361,00 by Mr. Mutepfa. The Appellant was charged with theft and was dismissed from employment with effect from the 24th of December 2010. More
The applicant approached this court seeking an order for the setting aside of a sale in execution in terms of Order 40 r 359.
The background to the matter is that the first respondent obtained a court order against the one Robert Brian Van Rensburg (Robert) the applicant and Mabelreign Drive-in-Cinema for the recovery of the sum of US$396 782.63 jointly and severally the one paying the other to be absolved. The first respondent then caused the attachment and sale in execution of stand 73 Chicago Township, Kwekwe (the property). The applicant is the registered owner of that property. More
