This is an application for condonation of late filing of Heads of Argument. The facts outlined by Wilson Chivaura reveal that Applicant received Respondent’s Heads of Argument on 12 June 2013. Those Heads of Argument were inadvertently misfiled and were only “discovered” on 5 July 2013. Applicant”s Heads of Argument were filed with this Court on the same day, that is, 5 July 2013 and were served on the Respondent on 8 July 2013. More
This is a court application for a declaratur in which the following order is sought;
“IT IS ORDERED THAT:
1. The application for a declaratory be and is hereby granted.
2. The certificate of heir issued in favour of Frank Mapuvire on the 1st day of October 1990 by the Chibi Community Court be and is hereby declare null and void. (sic)
3. The transfer of property from the Estate of Frank Mapuvire to Florence Mapuvire be and is hereby declared null and void,
4. The shop commonly known as Chamahota Store, the house commonly known as stand No. 110... More
KABASA J: The plaintiffs co-own a commercial property situated at 101 R. Mugabe Way, Bulawayo. They leased the property to the defendant and the lease was to run from 1 October 2011 expiring on 30th September 2012.
Clause 4 of that lease agreement stated the terms regarding the renewal or termination of the lease. This clause stated that: -
4(a) “Subject to any option to renew this lease hereinafter contained, unless the tenant gives to the owner notice as set out below, that he will vacate the Premises upon the expiry of this lease, the lease will be deemed to... More
The plaintiffs are the owners of a commercial property situated at 101 Robert Mugabe Way, Bulawayo. On 30th September 2011 the plaintiffs entered into a lease agreement with the defendant. The defendant was to lease the property for a period of one year, commencing on 1 October 2011 and expiring on 30 September 2012.
Clause 4 of the lease agreement provided that unless the tenant gave notice to vacate the premises upon the expiry of the lease, the lease would be deemed to be renewed from the date of expiry on the same terms and conditions subject to two calendar... More
The appellant was convicted by the Magistrates Court (the trial court) sitting at Harare of nine counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 4½ years imprisonment of which 1 year was suspended for a period of 5 years on appropriate conditions of good behavior. A further 2 years was suspended on condition that he restitutes the complainant, Webbles Shipping Company, in the sum of US$39 413.37, on or before 30 May 2014 through the Clerk of Court, Harare.
Aggrieved by this turn of events he... More
This is a partial appeal against the judgment of the Labour Court, (the court a quo) LC/H/2/19 dated 7 February 2019. The appeal is against the court a quo’s ruling on the question of citation of the parties and the arbitrator’s failure to award damages as an alternative to reinstatement. More
The appellant was employed by the respondent. He worked in an area called the “tool room.” He was charged with and convicted for theft.
The facts which are not disputed are that the appellant was found to have kept some 9 litres of engine oil and 2 litres of ATF oil in the tool room. The said oil was not kept in the open but was hidden behind a cabinet in that tool room. When the workshop manager who discovered the oil asked the appellant about the hidden oil, the appellant had no immediate answer. When the appellant was asked... More
Justice Hove delivered judgment on 26 October 2012 in respect of the same parties. The Learned Judge set aside the previous proceedings and remitted the matter for trial de novo. The matter was re-heard and Applicant dismissed from employment. Applicant has once again approached this Court for relief alleging procedural irregularities against the Respondent. More
The promulgation of Statutory Instrument 33 of 19 namely Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars) Regulations, 2019 has had a profound effect on instalment sales of immovable properties for contracts concluded prior to 22 February 2019 the instrument’s effective date. Of late this court has been inundated by applications by parties whose agreements were instalment sales with purchase prices expressed in United States dollars prior 22 February 2019, either contesting what is presumed to be due or asserting that they have discharged their liability... More
The plaintiff issued summons out of this court on 9 December 2011 seeking the eviction of the defendant and all who claim occupation through him from Stand 271B St Mary’s Zengeza Chitungwiza, payment of rentals of US$100 per month from 1 October to 30 November 2011 and holding over damages from December 2011 to the date of eviction, interest at the prescribed rate and costs on the scale of legal practitioner and client. The defendant contested the matter. More
On 3 February, 2020 after hearing arguments from counsel I dismissed the application for bail pending trial by the applicants. I gave my detailed reasons ex tempore on that day. More
It is not sufficient for the state to make bold assertions that particular grounds for refusing bail exist. The assertions made by the state must be well grounded on the facts. Simply alleging that the accused may abscond, that the matter is serious, and that the accused may endanger the public or will interfere with witnesses without substantiating such allegations does not meet the threshold of compelling reasons for the denial of bail. The facts alleged in the Request for Remand Form 242 or the charge sheet must disclose a link between the accused and the alleged offence. Where several... More
What started as an ordinary maize growing contract which the applicant and the first respondent signed developed into a bruising legal battle between them. They signed it on 30 September, 2013. They earmarked it for the 2013/2014 farming season.
In terms of the contract, the first respondent advanced inputs and cash to the applicant. It advanced the equivalent of $147 627.44 in cash and kind.
The advanced inputs and money aimed at enabling the applicant to grow and deliver to the first respondent 650 metric tonnes of maize. This was to be delivered on or before 31 July, 2014. The... More
The phrase “the Magistrates’ Court is a creature of statute”has almost become a cliché in discourse on the hierarchy and jurisdiction of courts. The same holds true for the expression “the powers of the Magistrates Court are located within the four corners of the statute creating it”. These expressions aptly capture the fact that unlike the High Court which enjoys inherent (unlimited) jurisdiction (save in instances where such jurisdiction is otherwise ousted or limited by an Act of Parliament) the powers of the Magistrate Court are only to be exercised within the parameters of the Magistrates Court Act, [Chapter 7:10](or... More
