MUSARIRI, J:
On 4 August 2015 at Harare, Arbitrator B Mudiwa issued on arbitration award. He ordered appellant to reinstate respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The grounds of appeal complained that,
“1. The Honourable Arbitrator grossly misdirected himself on the facts and evidence in circumstances amounting to a misdirection of law including but not limited to the following
a) That the appellant assigned the respondent drivers to drive him about;
b) That respondent took no action for the period ranging from December 2012... More
On 7 October 2020 the High Court handed down judgment in an application made by the first and third respondents in terms of r359(8) of the High Court Rules, 1971. It set aside the Sheriff’s sale of a property known as lot 8 Brooke Estate, Harare,in execution of a judgment in favour of Standard Chartered Bank Limited and granted the first, second and third respondents three months to either satisfy the judgment debt or find another purchaser willing to pay more than USD260 000.00 for the same property. More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to a fine US$400 or in default of payment three months imprisonment. He appeals against condition only.
At the hearing of the appeal the appellant abandoned the first two grounds of appeal and relied on the only two remaining grounds.
The first of the two remaining grounds stated that;
“The court a quo misdirected itself in disregarding appellant’s defence that he was given the service stationas an exit package by his employer, which defence was most... More
The above matters were filed as case numbers HC 3855/09, HC 3846/09 and HC 3891/09. At the hearing of the matter, the parties agreed that the matters be consolidated as all the matters raised the same issues. I consolidated all three matters.
The background to the matters is that the applicants bought residential units from the first respondent in a cluster housing scheme being developed by the second respondent on land owned by the first respondent. They also entered into building contracts with the second respondent. More
The facts of this matter together with the documentary evidence to be considered by the court having been agreed on by the parties, I directed with the parties’ consent that the matter proceeds as a special case. The plaintiffs and first and second defendants proceeded to file heads of argument making ready the case for determination. More
This is an application wherein the applicant seeks an order reinstating the appeal under cover of case number HCA 49/20 which was deemed to have been abandoned because of the applicant’s failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. More
On 25 August 2008, the applicant presented, with the Registrar of this court, an Election Petition to set aside the Presidential Election and the subsequent Presidential Run off whose results were announced on 29 June 2008. He simultaneously filed the present application seeking condonation for the late presentation of the election petition. The basis for the application is found in paragraph 23 of the applicant’s founding affidavit. More
The applicant seeks interim relief couched in the following terms:
“TERMS OF INTERIM RELIEF SOUGHT
Pending the final determination of this matter it is ordered that:
1. The operation of the purported termination of Applicant’s Content Distribution Service License Number CD 0004 through a letter dated 22 August 2017 signed by Second Respondent on First Respondent’s letterhead be and is hereby suspended.
2. Applicant shall be entitled to enjoy the full rights and benefits of its license as if the said letter of 22 August 2017 does not exist.
3. Applicant shall be entitled to distribute the Econet Media Limited... More
This is an application for review of the proceedings of the Health Services Board held on the 27th March 2020. The applicant was employed by the Government of Zimbabwe as a medical practitioner and was stationed at Chitungwiza Central Hospital. He was involved in act of misconduct and was charged and tried in terms of the Labour National Employment Code S. I. 15 of 2006. At the trial before the Board the applicant did not object to the application of this Code. In this application he is challenging its application. The challenge is on the ground that the applicant is... More
This is an application for leave to appeal. A preliminary point regarding citation of the 1st respondent was raised before the application could be heard. The preliminary issue was that the 1st respondent was not party to proceedings which are now being appealed and therefore there was improper citation of parties. At the conclusion of the hearing of the preliminary issue, the court found merit in the issue raised. Consequently, the court struck the matter off the roll. More
The plaintiff Dr Lung a specialist dental surgeon with 30 years experience has approached the court seeking payment of $21 035-00 for services rendered to the defendant at her instance and request. The defendant on her part admits that indeed she sought services from the plaintiff but the money is not yet due as the plaintiff did not accomplish the mandate. More
This is an application for the condonation of the late filing of Heads of Argument by the Respondent in the main appeal hereinafter referred to as the (“employee”) in an appeal by the Appellant in the appeal and the Respondent in the instant application (hereinafter) referred to as the (“employer”). More
The parties agreed at the hearing of the urgent chamber application on 26 July 2017 that by consent a provisional order be granted staying the arrest and lodging of the applicant into prison in terms of a writ of execution granted under case number HC 4766/13 and HC 4261/16. Further, the second and third respondents were also interdicted from causing the arrest and lodging into prison of the applicant pursuant to the warrant of execution granted under the said cases pending the determination of the question whether the applicant had complied with his obligations as nominal defendant in terms of... More
This is a typical case where the wheels of justice grind at a very slow speed indeed.
On 6 February 2008 President Kachambwa (as he then was) issued an order for the reinstatement of the applicant with an alternative to be paid damages in lieu of such reinstatement. The respondent thereafter wrote a letter to the applicant stating that he would be reinstated as from 1 October 2008. It is alleged that the applicant did not report for duty as instructed and, the respondent proceeded to hold a disciplinary hearing in the applicant’s absence culminating in his dismissal. The applicant... More
The matter was placed before me as application for review and an appeal against an arbitral award handed down by Honourable B. Chikwana on the 22nd July 2015. On the date of hearing the court raised a point mero-motu. Although the point was not specifically pleaded to by the parties, it is a point of law which the court was entitled to raise as the point goes to the validity of proceedings before the court. The point pertains to the capacity of the Applicant/Appellant to appear before the Court. More
