I heard this application on 24 November, 2017. I delivered an ex tempore judgment in which l granted the application as per the draft order.
On 31 May, 2018 the High Court registrar wrote advising that the respondents appealed my decision of 24 November, 2017. He stated that reasons for the same were requested. More
The applicant Elizabeth Manhenga approached this court seeking dismissal of case number HC3420/17 for want of prosecution in terms of r 236 (4). The application she wants dismissed is an application for condonation of late noting of an appeal duly filed by the respondent. The facts of the matter are that the applicant and respondent who were customarily married appeared before this court in case HC3348/14 seeking an order for property sharing as between them. Judgment was then delivered on the 8th of March 2017 under case no HH152/17 wherein the applicant was awarded 50% share of property described as... More
This matter commenced as a trial cause with the Plaintiff issuing summons against the 1st to 4th defendants. It is common cause that the 1st defendant is a legal persona registered as a co-operative society under the Co-operative Societies Act [Chapter 24:05].The plaintiff averred that she joined to be a member of the 1st defendant (hereinafter referred to as “Ngungunyana”) sometime in 2006. She added that she was allocated Stand No. 14473 Budiriro, Harare, by Ngungunyana. The plaintiff submitted that on 13 February 2019, she was advised that her premises on the aforesaid stand was being demolished. In her declaration,... More
On the date of hearing of this appeal, the respondent raised two preliminary points. The first preliminary issue was that the appellant’s heads of argument were filed out of the prescribed time frame. The second issue was that the grounds of appeal did not raise questions of law and therefore improperly before the court. More
This is an application for condonation of late filing of an application for rescission of the default judgment against the applicant. The default judgment was granted on 24 February 2016 under cover of case number 2906/15. More
The first plaintiff’s name is Elizabeth Musavengana and not Rebecca Musavengana as was wrongly perpetuated in the pleadings in this matter, while the deceased who was represented by Kudakwashe Chikwara (the 2nd plaintiff) was during her life time called Rebecca Derera and not Elizabeth Derera as was also wrongly perpetuated in the pleadings. The two women were married to the same man in a polygamous union. I have mero motu corrected the errors in question as I conceive of no possible prejudice that would visit any of the parties involved in these proceedings. In any event, when the first plaintiff... More
This is a claim in delict for damages arising out of bodily injuries sustained as a result of a road traffic accident. The plaintiff issued summons against three defendants claiming payment of damages totalling US $ 71 051.00. Jupiter Insurance Company (Pvt) Ltd was cited as the 3rd defendant and is the defendants’ insurer. A settlement was reached between it and the plaintiff before the commencement of the trial. The defendants are the driver of the vehicle involved in the accident and its owner. More
This is an application for late noting of review of the alleged dismissal from employment by the respondent. It is alleged that they were dismissed from employment in January 2011. There is no decision by the Tribunal to be reviewed. There was no hearing that was conducted at the work place. They were just informed by the headmaster that their services were no longer required by the school. There is no decision to be reviewed in this case. Parties should follow other channels, to redress their grievance. More
The applicant Ellatone Bonongwe, is a legal practitioner running his own law practice in the town of Mt Darwin. He faces the robbery allegations jointly with Musa Gandi (accused 2), Agness Kunaka (accused 3), Raby Gwenya (accused 4) and Tafadzwa Obrey Chipashu (accused 5). More
The facts of this matter are as bizarre as one can imagine. This is moreso when one considers the defence proferred by the first respondent to the relief sought by the applicant. More
This is an appeal against the decision of the respondent’s Acting Chief Executive Officer. The appellant was employed as a Restaurant Manager. She was charged and convicted of conduct or omission which is inconsistent with the fulfilment of the express or implied conditions of the contract of employment. A penalty of dismissal was meted by the Designated Hearing Officer. The penalty was confirmed by the General Manager and subsequently by the Acting Chief Executive Officer. More
CHITAKUNYE J: The applicant was married to the late Ruggero Borgonovo on 4 February 1964. In 1977 the applicant and late Ruggero Borgonovo executed a joint Will. In 1996 they executed a Deed of Separation and thereafter lived separately till the late Ruggero Borgonovo’s demise. More
The applicant in this matter seeks condonation for late filing of an application for the review of a decision taken by the first respondent, the Master of High Court on 16 May 2008. More
On 1st July 2016 at Harare, the applicant made a ruling in her official capacity as a Labour Officer. She ordered the respondent to reinstate ArtwellMadhunguyo in its employ. The applicant then applied to this court for the confirmation of her ruling. The respondent opposed the application. More
