Afterthe preliminaries on 18 March 2013, the trial in this matter began in earnest on 8 April 2013. The defendant had the duty to begin. That had been the agreement at the pre-trial conference.
At the close of the defendant’s case the plaintiff applied for absolution from the instance. I reserved judgment. This is the judgment. More
This is the judgment in the interlocutory application by Efrolou [Private] Limited, Plaintiff in the case under reference number HC 1816/10, and First Defendant in the case under reference number HC 3285/10 [hereafter referred to as “Efrolou”] More
At the conclusion of the hearing of this appeal I dismissed the appeal in its entirety with costs and indicated that the reasons will follow. These are they:-
This is an appeal against the Appeal‘s Committee’s decision which upheld the Disciplinary Committee’s verdict and penalty. More
The plaintiffs’ story can be gleaned from their declaration. It is this:
In August 2009 the plaintiffs entered into a partnership agreement in terms of which the first plaintiff would import day old chicks from LA CHIX (PVT) LTD, a South African Company, to be sold locally by the second plaintiff. On 27 October, 2009 the first plaintiff made a telegraphic transfer of ZAR 128 350-00 from its account number 0622018874001 held with the defendant in favour of LA CHIX’s Standard Bank South Africa account number 200240684 for the purchase of day old chicks. On 28 October, 2009 ZAR 15... More
In this matter the Appellant appealed against an arbitral award handed down on 14th of April 2014. When the parties before me on the date of hearing the Respondent took two points in limine. The court upheld both points in limine and consequently dismissed the appeal. The court indicated that the reasons were to follow. More
The appellant was arraigned before the Regional Magistrate at Bindura on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty but was convicted after a trial. He was sentenced to 14 years imprisonment of which 31/2years imprisonment was suspended on condition of good behaviour. He now appeals against both conviction and sentence More
I heard this application sixteen (16) months ago. I delivered an ex tempore judgment in which I dismissed it with costs. I entertained the view that the reasons which I spelt out at the time were sufficient to put the matter to rest. More
The roots of the dispute in this matter lie in tender ZETDC/Inter/O7/21 for the supply and delivery of prepayment meters vending system flighted by the fourth respondent. The applicant submitted a bid and was unsuccessful whilst the fifth respondent was the successful bidder. The applicant sought to challenge the bidding process and was advised that it should pay the sum of US$50 000 for that purpose. The applicant holds a strong view that the requirement to pay security to challenge a bidding process is unconstitutional. It is trite that the applicant is a company registered in England and Wales. It... More
This is an appeal against the judgment of the High Court handed down on 14 May 2021. In that judgment, the court a quo held that monetary assets in offshore accounts forming part of the matrimonial assets to be divided between the appellant and the first respondent, following their divorce did not constitute a foreign obligation. More
The crux of the applicants’ case is that they are aggrieved by construction work commenced by the first respondent in their residential area. They aver that the first respondent has begun ground work for the construction of a fuel station and a fast food outlet at Stand Number 5273 Churchill Avenue, Harare (hereinafter called “the property”). Additionally, the applicants contend that a commercial outlet in this residential area would result in the disruption of the peaceful life they enjoy in their neighborhood. In particular, the complaint is that the operation of a fuel station in the area would expose residents... More
At the onset of oral argument in this Court respondent raised 2 points in limine which applicant opposed.
1. That the application is in improper form
2.That the application is fatally defective for failure to comply with prescribed time limits More
This is an urgent application filed on 2 February 2011 and the applicants seek the following relief:
“Final Order
1. That the first respondent revokes the appointment of Wesley Militala as Provisional Judicial Manager of David Whitehead Textiles Limited for failure to give security for the proper performance of his duties in terms s 302(1)(b)(i) of the Companies Act [Cap 24:03] and appoints in his place a suitable person as the Provisional Judicial Manager of David Whitehead Textiles Limited.
2. That the first and second respondents pay the costs of suit at an attorney – client scale More
The applicants, who are non-managerial employees of SMM Holdings, made an application to the respondent seeking leave to institute proceedings against SMM in terms of s 6 of the State-Indebted Insolvent Companies Act [Chapter 24:27]. More
This is an appeal against the decision of the respondent’s appeals officer who confirmed the dismissal of the appellant employee in a case where the employee had been charged with gross incompetency and inefficiency at work. Facts of the case are that the appellant who was in the respondent’s employ was charged with gross incompetency and inefficiency in a case where he was found to be absent from his workstation for a period of time. He had however engaged a procedure called “by pass” which was a situation where he had to redirect the flow of the waste at the... More
