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
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01.
At the onset of oral argument appellant raised a point in limine. The point is captured in appellant’s supplementary heads of argument thus, More
The Applicant is a former employee of the Respondent having been employed as a Consular Clerk. He was dismissed from employment following a formal disciplinary hearing. The Applicant was aggrieved with the determination of the Disciplinary Committee. He noted an appeal to this court under case number LC/H/341/19 which matter is currently pending. The minutes of the disciplinary hearing convened by the Respondent that led to the Applicant dismissal however do not form part of the record under reference LC/H/134/19. The Respondent through its papers submits that despite a diligent search it has been unable to locate the minutes and... More
The accused faces a murder charge in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged by the state that the deceased who was 23 at the time of the fatal incident, had set up as temporary base for illegal gold miners at a bush at Lonely Star mine together with several other gold panners. They were warming themselves around a fire. The accused allegedly arrived in the company of his uncle and friends. They were looking for one Prince Mwale, a step brother to the accused. They accused him of having... More
MOYO J: This is an urgent chamber application wherein the applicants seek an order for spoliation wherein it is alleged that they were despoiled by the respondents. In specific terms applicants seek an order restoring to them possession of 103 Robert Mugabe Way in Bulawayo. The facts of the matter are that the applicants were in occupation of the property being the subject matter of this dispute. Litigation was commenced in the Magistrates’ Court for the eviction of the applicants by the 1st respondent. The applicants noted an appeal against the decision of the Magistrates’ Court on the 28th of... More
This is an application for bail pending trial. The application is opposed. The applicant is facing one count of murder as defined in section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant avers that he is a suitable candidate for bail. More
This is an application which, in the main, seeks an order ad pecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment. Alternatively, the applicant asks for an order that the respondents pay the applicant the sum of US$179, 541.45, jointly and severally, the one paying the others to be absolved. In addition, the applicant seeks an order nullifying... More
On 14 December 2015 at Harare, labour officer B Chikwanha made a ruling which ordered appellant to reinstate respondent’s employment. Appellant then appealed to this court against the ruling. Respondent opposed the appeal. More
This application was placed before me on a certificate of urgency for a final order of attachment of a boat known as The Royal Nikobasa to found jurisdiction in an anticipated pecuniary claim against the first respondent only. In the same application the applicant seeks an order to serve process on the first respondent through e-mail. The second respondent was joined to the proceedings by way of an application for joinder. More
