The material background facts to the matter are as follows; the Respondent was employed as a sales representative by Appellant. He was initially hired on a commission basis; a contract of employment was allegedly later signed between Respondent and one Jonathan Dube a farmer employee of the Appellant currently serving a jail term for defrauding the Appellant. More
This is an appeal against the decision of the Labour Court confirming the draft ruling of the respondent, a labour officer. The ruling was in favour of the appellant’s former employee, Ms Umarah Khan whose contract of employment was summarily terminated as from 15 April 2015 on allegations of certain acts of misconduct, including theft. More
In this matter the plaintiff, by way of a provisional sentence summons, claims payment of US$55 895.21 together with interest calculated at 5% per annum.
The claim is based on an account reconciliation, an alleged written acknowledgement of debt, a letter from Lunar Chickens and a letter from first defendant’s legal practitioners. The defendant raises the defence, inter alia, that it paid the debt to plaintiff’s creditor. For this reason, the first defendant argues that provisional sentence must be refused with costs on a punitive scale. More
This judgment covers two urgent applications. The parties are the same. I shall refer to the first application as “the application.” In opposing the application, the respondent raised a counter-application, (hereinafter referred to as “the counter-application.) For convenience, the citation of the parties shall remain the same in both the application and counter-application. I will deal with the application and counter-application separately in this judgment. Both applications are fiercely contested. More
This is an application filed on urgency by a self-actor seeking an order in the following terms;
“INTERIM RELIEF:
a) An order barring and interdicting the respondents from disturbing or interfering with the applicant’s right to prospect minerals at Queensdale Farm in Kadoma.
b) An order directing the respondents to observe peace at the applicant and its assignees.
TERMS OF FINAL ORDER SOUGHT
1. It is hereby declared that the actions by the 1st respondent to disturb applicant from exercising its right to prospect and search for minerals at Queensdale in Kadoma is hereby declared unlawful.
2. 1st respondent to... More
This is an opposed urgent chamber application in which the first and second applicants seek the following relief:
IT IS ORDERD THAT:
1. The respondent and all those claiming occupation through him be and are hereby ordered to restore vacant possession of the mining location being a position of Queensdale Farm measuring 9 hectares with the following co-ordinates: 199925; 7958476; B0200125; 7958914; C0200278; 7958822; D0200115; 7958045; DP0200045; 7958510 to the applicants upon service of this order.
2. Respondent shall pay costs of suit More
The first and second applicants have approached this court on an urgent basis seeking the relief for leave to sue the second respondent in terms of Section 126(1)(b) of the Insolvency Act [Chapter 6:07]. In particular, the Applicants’ prayer, according to the draft order reads as follows:
“1. Application for leave to sue the 2nd Respondent be and is hereby granted.
2. 1st Respondent shall pay costs of suit.” More
When this court application was filed it was erroneously filed as “case number HCA 43/09” meaning that it was an appeal case in the Appellate Division of the High Court. That was an error.
The correct position was that the applicant was seeking condonation for the late filing of his review application.
When the applicant appeared in court with his legal practitioner Miss N. Ndlovu on 14 October 2014 he withdrew the matter and tendered wasted costs. He was however ordered to pay costs on an attorney and client scale due to the manner he handled his case. More
This matter was filed as a chamber application for the appointment of a curator ad litem in terms of r 61(2)(b) of the High Court Rules, 2021. The specific order sought is as follows:
1. “The chamber application for the appointment of a curator ad litem is hereby granted.
2. Caleb Mutandwa is hereby appointed as curator ad litem for the two minor children namely Mutsawashe Mukondorongwe born on the 27th of August 2009 and Forbes Kunashe Mukondorongwe born on the 15th of May 2017 in the applicant’s intended application.,
3. The applicant and first respondent shall contribute an equal... More
In the present matter, applicant, who is a qualified and registered pharmacist is desirous of obtaining declaratory and other relief from this Court, so that she can carry out her business idea within the confines of the law. Her business idea is to compile and publish a database for the benefit of, and use by the public; of all medical services and providers of health care and registered drugs and their location, to enable the public to access that information in an efficient and cost-effective manner. She has established a company, of which she is a major share-holder called Medical... More
The plaintiff issued summons out of this court seeking a decree of divorce, custody of the parties’ minor children and ancillary relief. The facts in this case were mainly common cause and most of the issues were resolved at the Pre Trial Conference which was held before a judge in chambers. The parties reduced the terms of their settlement into writing and indicated during the hearing that they would like it to be made an order of the court upon finalisation of the trial. More
KARWI J: The appellant was arraigned before the Magistrates’ court at Bindura facing six counts as follows:
Count One: Assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act [Cap 9:23]
Count Two: Undermining Police Authority as defined in s 177 (a) (1) of the Criminal Law (Codification & Reform) Act [Cap 9:23]
Count Three: Assaulting a Police Officer as defined in s 176 of the Criminal Law (Codification & Reform Act) [Cap 9:23]
Count Four: Assault as defined in s 89 (1) (a) of the Criminal Law (Codification & Reform) Act [Cap 9:23]... More
The parties are involved in an ownership dispute of certain mines situated in Kadoma. Sometime in July 2009 they entered into a written agreement in terms of which they swapped certain mining claims with the applicant taking over mining blocks known as Gazemba 105 to 108 belonging to the respondent. In terms of that agreement, the respondent was to take over certain gold mining claims belonging to the applicant. More
The applicant is the registered user of certain trade marks belonging to AECI Limited, a South African registered company. The same marks were assigned by their proprietor to ICI South Africa (Pty) Ltd which assignment does not affect the status of the registered user, the applicant. More
At one stage the applicant, a local citizen, faced allied charges in both Zimbabwe and Botswana relating to the unlawful hunting, killing and possession of rhinoceros horns, in contravention of kindred statutes that deal with the protection and preservation of wild life in the two countries. The charges arose out of the applicant’s alleged conduct, in league with other persons, both in this country and in Botswana, and at different times More
