This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. Applicant intends to appeal to the Supreme Court against part of the Labour Court decision which quantified what was due to the estate of the late Dikinya who was unlawfully dismissed by ZIMNAT on allegations of misconduct. Applicant is however out of time by 14 days to make the leave application hence the instant condonation application. The condonation application is opposed by ZIMNAT. More
These are summons commencing an action. The plaintiff’s claim is for damages for pure economic loss and consequential loss he suffered by the plaintiff, as a result of the termination of his contract and use of arable land for commercial farming at Nhaka Valley Farm situated at Arcturus, Goromonzi in May 2022. The plaintiff sought the following relief:
That the court enters judgment in favour of the plaintif More
The applicants are former employees of the respondent. Their employment contracts were terminated and they challenged the termination. The matter was taken before a designated agent who confirmed termination for all but two of the employees. The decision was appealed to the Labour Court. The appeal was upheld. The respondent did not reinstate the applicants. They approached the designated agent seeking that the respondent be ordered to reinstate the applicants. The respondent raised the preliminary issue of res judicata, arguing that the designated agent had already dealt with the matter. The designated agent held that the matter of reinstatement was... More
The applicant has been charged with contravening section 113 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23), theft of motor vehicle. The applicant denies the charges. He has filed an application for bail pending trial and avers that he is a “perfect” candidate for bail. The motor vehicle which is the subject of the charge was stolen and driven away from Nobert Hungwe’s residence at number 560 Medium Density Area, Plumtree on 6th October 2018. The motor vehicle, a Honda Fit, was recovered in Harare’s Epworth area in the custody of a panel beater one Nhamo Chifombe.... More
Applicant alleges that he was employed by the respondent from 1988 and was promoted to the post of Unit Supervisor with effect from 1 May 1998. Applicant further avers that at one time during the course of employment he suffered from mental illness and had to be absent from work. He further states that when he reported for duty he was assigned to work in a different unit. Applicant further submitted that he was later told to go home and would be called by the respondent. It was stated that despite having reported for duty, respondent continually turned him away... More
The late Pepukai Simpisio Magara who died on 28 July 2021 was a widower. He was survived by six children who include the two plaintiffs, the first respondent and three others. Following his death, a will was produced which was allegedly executed by him on 28 May 2017. In that will he appointed the first defendant as the executor of his estate and also bequeathed to him his immovable property being house number 2915 old Highfield Harare. The second defendant issued out Letters of Administration in favour of the first respondent. The plaintiffs object to the validity of the will... More
This matter was set down for the purposes of hearing argument on an application for condonation of late noting of an appeal. The parties did not file heads of argument as required by the Rules of this Court – Statutory Instrument 59/2006 (Rule 19). When parties appeared I enquired as to why heads not been filed. More
In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
The background to this matter is that the appellant appeared before the magistrate at Harare on initial remand on 12 October, 2020. He was co-charged with an accomplice, one, Carrington Marasha. The two were facing allegations that they committed two counts of the offence of “Armed robbery” as defined in s 126 of the Criminal Law (Codification and Reform Act, [Chapter 9:23]. I should pause briefly to observe that there is no offence in the Criminal Law (Codification and Reform) Act called “Armed Robbery”. More
This is an appeal against a determination by the Appeals Authority handed down on 11th June 2014 which determination upheld or earlier decision by the respondent’s Disciplinary Committee to dismiss the appellant from employment with effect from the 11th of June 2014.
The material background facts to the matter are as follows;
The appellant was employed by the respondent. At the material time of the commission of the misconduct he was engaged as a supervisor in the Sorting Section.
On the 20th of May 2014 the appellant was deployed on the main plant sorthouse. He was supervising a group of... More
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More
This is an appeal against both conviction and sentence pursuant to the Magistrates Court convicting the appellant of 3 counts of criminal abuse of duty as a public officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). He was sentenced to 2 years imprisonment on each count. Of the total 6 years imprisonment 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The eight motor vehicles which are the subject of the offence were fortified to the State. More
This ruling is made pursuant to a preliminary point raised in the first defendant’s plea. The ruling deals with the narrow issue of whether this court has jurisdiction to hear this matter. At the commencement of the trial, counsel agreed to file heads of argument on the point and leave the court to deal with the matter on the papers. More
The facts relevant for the determination of this matter are that the applicant, after being aggrieved by the decision of the High Court (the courta quo), duly filed a notice of appeal to this Court on 19 October 2022 under case number SC 529/22. In its notice of appeal, the applicant tendered security for the respondents’ costs of appeal ‘in an amount agreed between the parties failing such agreement in an amount determined by the registrar’.The tender was made as a requirement under r55 (2) of theRules. Pursuant to the tender and on 26 October 2022, the applicant’s legal practitioner... More
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following:
i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More
