Appellants were employed by the Respondent on fixed term contracts which were periodically renewed. The contracts were terminated and the Designated Agent referred the matter to arbitration. The Arbitrator ruled against the Appellants stating that they were not unlawfully dismissed as their contracts had expired due to effluxion of time. Appellants have approached this Court for relief. More
At the commencement of the hearing, the Parties agreed that the Court could proceed to determine the matter on the papers filed of record as they were of the view that the issues had been sufficiently ventilated in the filed documents. The Court proceeded to determine the matter on the basis of the filed documents. More
This is an appeal against the entire judgment of the magistrate sitting at Murambinda Magistrate Court handed down on 19 November 2012. Upon hearing arguments we dismissed the appeal on 14 May 2013. These are our reasons for the dismissal More
The plaintiff husband issued summons out of this court on 24 November 2009 seeking a decree of divorce on the basis of irretrievable breakdown of the marriage, custody of the three minor children, and sharing of matrimonial property. More
The Applicant was employed by the Respondent as a Management Accountant. His employment was terminated in 2001 following a restructuring exercise. Dissatisfied he challenged the termination in this court. On 13 April, 2004 under reference, Edward Gutai Marimo Mudyavanhu vs. Cairns Foods Limited LC/H/35/2004 my sister, Honourable Makamure J found that Applicant was wrongfully dismissed from employment and directed payment in damages in compensation. In 2009 Applicant filed an application for quantification of damages. On 27th May 2009 under judgement reference LC/H/66/2009 Honourable Mhuri J, quantified the total damages payable in the amount of Zimbabwean Dollars $ 26 076 252.00.... More
The applicant appeared before a Regional Magistrate at Harare facing one count of extortion, alternatively one count of contravening s3 (1)(a)(i) of the
Prevention of Corruption Act [Chapter 9:16]. After contest, he was convicted on the
alternative charge and sentenced to 5 years imprisonment with 1 year suspended for 5
years on conditions of good behaviour. He thereafter noted an appeal to this court against both conviction and sentence. He now applies to be allowed out on bail pending the determination of the appeal. More
This is an appeal against both conviction and sentence. The appellant was convicted after a full trial, of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 20 years imprisonment.
The appellant was found by the court a quo to have raped the complainant from 2011 to 2015 during the time that the complainant was living at the appellant’s residence. The complainant is a daughter of the late sister of the appellant’s wife. She regarded the appellant as her “father”. The appellant was aged 46 years old at the... More
This matter was placed before me on the unopposed Motion Court on the 24th September 2020. Plaintiff sued out a summons out of this court claiming damages for injuries he sustained in the hands of the 1st and 2nd defendants. Defendants were served with plaintiff’s summons and did not enter an appearance to defend in terms of rule 48 of the High Court Rules, 1971 (Rules). In consequence of failing to enter an appearance to defend, defendants were barred by operation of rule 50 of the Rules. Plaintiff applied for default judgment.Order 9 rule 60 of the Rules permits the... More
On 5 September 2013 I dismissed the above urgent chamber application on preliminary points raised by the respondents. The basis for the dismissal was as follows:- More
The applicant filed an application for dismissal of Case No. HC 1182/17 for want of prosecution pursuant to the provisions of order 32 r 263 (3) and (4) of the High Court Rules 1971. On 14 September 2017 I dealt with the matter in chambers and issued an order which the Registrar recorded in the following terms and issued to the parties. More
This is an application for leave to institute proceedings in which applicant seeks the removal of first respondent, as the judicial manager of second respondent, on the grounds that first respondent has conducted himself in a manner prejudicial to creditors and shareholders of second respondent and is thus a threat to their interests. The application is brought in terms of s301 (1) of the Companies Act [Chapter 24:03]. More
: What was supposed to be a memorable excursion for Harare International School pupils and their teacher, the plaintiff, turned out to be a nightmare when the plaintiff was severely burnt in an accident involving a burner on
19 September 2013. The plaintiff approached this court seeking damages to the tune of US$ 206 298.00 allegedly arising from negligent conduct of the first defendant a learner instructor in the employ of the second defendant, and the second defendant itself on the basis of vicarious liability. More
This is an application for bail pending trial. The applicant is facing a charge of contravening section 45 (1) (b) as read with section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in section 11 of the General Laws Amendment 5/2011. More
The applicant a registered legal practitioner has approached this court seeking a review of the decision of the respondent wherein the latter referred applicant’s disciplinary matter to the Legal Practitioners Disciplinary Tribunal. The applicant contends that the decision to refer his matter to the Tribunal violates his procedural rights in that the decision was biased, procedurally irregular and grossly irregular. The application is vehemently opposed. More
1. This is an application for bail pending appeal against conviction and sentence. The applicant was arraigned before the Magistrates’ Court sitting at Bulawayo. He was charged with the crime of culpable homicide as defined section 49(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. It being alleged that on the 21st December 2020 along the Harare-Bulawayo road he drove a heavy motor vehicle negligently, in that he encroached into the path of oncoming traffic; failed to stop or act reasonable when an accident or collision seemed imminent; and failed to ascertain whether the road was clear before... More
