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
[1]This is a judgment on an appeal and cross appeal arising from a determination by an arbitrator. The following are the grounds of appeal:
‘1. The Arbitrator grossly erred and misdirected herself on the law by misconstruing the concept of prescription of labour disputes in terms of section 94 of the Act which led her to dismiss the point in limine of prescription against the claim raised by the Appellant. 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
The appellant was charged with contravention of s 65(1) of the Criminal Law Codification and Reform) Act, [Chapter 9:23] it being alleged that he unlawfully had sexual intercourse with complainant without her consent as at the time complainant was drunk and asleep. Despite pleading not guilty to the charge and claiming that the sexual intercourse was consensual appellant was convicted of the charge and sentenced to 12 years imprisonment, 4 years of which were suspended for 5 years on conditions of good behaviour leaving an effective sentence of 8 years imprisonment More
This is an application in which the applicant seeks a declaratur to be declared a legitimate beneficiary (per stirpes) in his late grandfather, Edward Nyanyiwa’s estate. He died on the 10th of February 2019. Terence Nyanyiwa, applicant’s father was a child of the late Edward Nyanyiwa, the latter whom he predeceased. Terence Nyanyiwa and Julia Ruzvidzo bore the applicant on the 22nd of December 1987. Both parents died when the applicant was still in primary school. At that time they had separated his mother having left his father some time in 1989. It is applicant’s assertion that throughout his entire... More
