The plaintiff issued summons out of this court on 9 December 2011 seeking the eviction of the defendant and all who claim occupation through him from Stand 271B St Mary’s Zengeza Chitungwiza, payment of rentals of US$100 per month from 1 October to 30 November 2011 and holding over damages from December 2011 to the date of eviction, interest at the prescribed rate and costs on the scale of legal practitioner and client. The defendant contested the matter. More
On 3 February, 2020 after hearing arguments from counsel I dismissed the application for bail pending trial by the applicants. I gave my detailed reasons ex tempore on that day. More
It is not sufficient for the state to make bold assertions that particular grounds for refusing bail exist. The assertions made by the state must be well grounded on the facts. Simply alleging that the accused may abscond, that the matter is serious, and that the accused may endanger the public or will interfere with witnesses without substantiating such allegations does not meet the threshold of compelling reasons for the denial of bail. The facts alleged in the Request for Remand Form 242 or the charge sheet must disclose a link between the accused and the alleged offence. Where several... More
What started as an ordinary maize growing contract which the applicant and the first respondent signed developed into a bruising legal battle between them. They signed it on 30 September, 2013. They earmarked it for the 2013/2014 farming season.
In terms of the contract, the first respondent advanced inputs and cash to the applicant. It advanced the equivalent of $147 627.44 in cash and kind.
The advanced inputs and money aimed at enabling the applicant to grow and deliver to the first respondent 650 metric tonnes of maize. This was to be delivered on or before 31 July, 2014. The... More
The phrase “the Magistrates’ Court is a creature of statute”has almost become a cliché in discourse on the hierarchy and jurisdiction of courts. The same holds true for the expression “the powers of the Magistrates Court are located within the four corners of the statute creating it”. These expressions aptly capture the fact that unlike the High Court which enjoys inherent (unlimited) jurisdiction (save in instances where such jurisdiction is otherwise ousted or limited by an Act of Parliament) the powers of the Magistrate Court are only to be exercised within the parameters of the Magistrates Court Act, [Chapter 7:10](or... More
This is an application by a designated agent. It is an application for the confirmation of the designated agent’s ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). The application is by default, not opposed by the first respondent who is the employer. More
The plaintiff in this action matter is Mabel Thandiwe Maigurira N. O, a female adult of Harare. She instituted this action in her capacity as the curator ad litem for the Estate of Late Edmund Maigurira. When the summons in the matter was first issued, the plaintiff was Edmund Maigurira. He passed on before the case had been completed. Following his death, one Kurauone Keith Maigurira was appointed as the curator ad litem for the estate of the said Edmund Chenjerai Maigurira by order of Mushore J dated 8 March 2021. At the commencement of the hearing of the matter,... More
This is an application for the review of the Master’s decision of 3 September 2004 in which he approved the award of house number 1242 Unit A Chitungwiza (the immovable property) by Joshua Songore to Josiah Gweme. Josiah Gweme (the first respondent) counterclaimed for the eviction of the applicant from the immovable property. More
1. The applicant brought an application in terms of s 236(4) (b) of the High Court Rules, 1971, (the Rules). She seeks an order for dismissal of the respondent’s case on the premise that he failed to pursue an application he filed by neglecting to set it for hearing entitling her to apply for dismissal for want of prosecution.
2. Rule 236(4) stipulates as follows;
“(4) Where the applicant has filed an answering affidavit in response to the respondent’s opposing affidavit but has not, within a month thereafter, set the matter down for hearing, the respondent, on notice to the... More
This is an appeal against the decision of the N. E. Appeals Committee which upheld the Appellant’s dismissal by the Respondent on gross misconduct charges of failing to obey a lawful instruction in contravention of the National Employment Code of Conduct for Welfare and Educational Institutions. More
The applicant is Edson Dylka E Neurice Limitada a peregrine company domiciled and incorporated in Mozambique. It is in the business of transporting goods within and across neighbouring countries including Zimbabwe. The respondent is Zimbabwe Revenue Authority statutory corporate body established under the Revenue Authority Act, [Chapter 23:11]. The respondent inter-alia is responsible for revenue collection on behalf of Government and is also the regulatory authority for the exportation and importation of goods at the country’s borders. The respondent also administers and enforces the Customs and Exercise Act, [Chapter 23:02] (“the Act”). More
This is an appeal purportedly brought in terms of section 361 of the Mines and Minerals Act, [Chapter 21:05] ("the act") against the refusal of the 1st respondent (the Mining Commissioner) to grant the appellant a certificate of registration under an ordinary prospecting licence. More
: It is an ambitious claim. On 9 April 2010 the plaintiff issued summons in this Court seeking delivery of ten tobacco bulk curers and a payment of US$191 250-00 being damages caused by the alleged failure to deliver the tobacco curers by the defendant. More
The appeal was noted against the arbitral award handed down on 10thMay 2013.The Appellant was employed by the Respondent as a Senior Promotions Officer in the Sales Marketing Department. His contract of employment was terminated following a retrenchment exercise which resulted in the Retrenchment Committee issuing a retrenchment certificate on the 20th of December, 2012. The Appellant subsequently referred a complaint of alleged unlawful retrenchment and non-payment of contractual entitlements to conciliation. Upon failure to conciliate the matter was referred to an independent arbitrator. More
The appeal was noted as against the decision by the Appeals Committee which confirmed Appellant’s dismissal from employment with effect from 2 September, 2011 on charges of “extortion-proved dishonesty.”
The facts surrounding the misconduct charges were that the Appellant who was employed as invoicing clerk, on the 4th of July 2010 used one Tendai Janha’s profile to generate on the computer an invoice for a non-trading company that is Madziwa Trading. The transaction turned out to be fraudulent as the Respondent lost goods through the delivery of goods to a person other than the purported customer shown on the invoice.... More
