This application is titled “court application for unlawful disposal of deceased’s immovable property.”The 1st, 5th, 6th, 7th, 8th, 9th, 10th and 11threspondents neither filed opposing papers, nor participated in these proceedings.The 3rd and 4threspondents are cited in their official capacities because the implementation of the order sought by the applicant, if granted may require their services. This application is opposed by the 2nd respondent. The applicant seeks relief couched in the following terms:
i. The certificate issued by the Deputy Master under section 120 of the Administration of Estates Act be and is hereby set aside.
ii. The disposal of... More
Judgment in this matter was reserved on 2 April 2013, but when the Court sat down to write the judgment, it discovered that the initial disciplinary proceedings were incomplete to the extent that, as per page 17 of the record, they only started with question five suggesting that there were prior questions which were missing. As a result the Court mandated the Registrar to ask for the complete record of the initial proceedings so that, the Court could decide whether or not the Appellant was dismissed in regular circumstances. More
This is an application for bail pending trial. On 11 March 2011 the applicant was indicted by the magistrate sitting at Harare for trial on 28 March 2011 at the High Court. As he was mandated to do by s 66 (2) of the Criminal Procedure and Evidence Act [Cap 9:07], the indicting magistrate committed him to prison pending trial. The same provision allows the applicant to seek bail if he so desires, hence the present application. More
This is an appeal against a judgment of a Magistrate, refusing bail in respect of the three appellants. The appellants pray that the judgment of the court a quo be set aside and substituted with an order that they be admitted to bail with appropriate conditions. More
The background of the matter is that Old Mutual sued the applicant, Elton Mtisi, alongside Puzey and Payne (Pvt) Ltd, who was the first defendant and Charles Nhamo Nyambuya who was the third defendant for payment of US$334 125,81 as rent arrears following the cancellation of the lease agreement between Old Mutual and the defendants. More
At the onset of oral argument in this Court respondent raised points in limine which appellant. The points shall be dealt with ad seriatim.
That the appeal is improperly before the Court:
The point is expatiated in respondent’s opposing affidavit thus;
“4.1 I am advised that the present Appeal is improperly before the Court and violating Section 101 of the Labour Act as amended. The Appeal ought to have been filed before the Labour Officer/Designated Agent in terms of the Labour Amendment and not the Labour Court within provided statutory timelines. More
On 13 July 2017, I dismissed the application by the applicant for the stay of execution pending the finalisation of case number HC 5724/17 between the same parties. The reasons for my decision are as follows:
On 29 November 2011, the first respondent obtained a default judgement against the applicant and two others for the payment of a sum of USD47 130.55 and interest on a sum of USD44 522.93 at the rate of 30% per annum calculated from 31 March 2011 to the date of payment in full. More
The Applicant is a Designated Agent for the Employment Council for the Food and Allied Industries. The 1st Respondent is a company duly registered under the laws of this country. It is also the former employer of the 2nd Respondents. The 2nd Respondents are the former employees of the 1st Respondent.
The 2nd Respondents were employed on the basis of their contracts of employment which were terminated by 1st Respondent upon being given three months notice. The 1st Respondent was relying then on Section 12 (4) of the Labour Court [Cap 28:01] which allowed for termination of contracts on notice.... More
This is an application for confirmation of a draft ruling and order made in terms of section 93 (5a) and (5b) of the Labour Act [Chapter 28:01] as amended. More
At the conclusion of the oral submissions I made an Order confirming the Ruling by the Applicant in the following manner:
“1. The application for confirmation of the Draft Ruling by the Applicant be and is hereby granted.
2. The 1st Respondent be and is hereby ordered to comply with Applicant’s Ruling with effect from 30 days from the date of this order.
3. There is no order as to costs.” More
The accused was convicted of raping a 12-year old girl after a contested trial. He was sentenced to 16 years imprisonment of which 4 years was suspended for five years on condition of good behaviour. He appeals against both conviction and sentence. More
The applicants are all facing allegations of armed robbery in contravention of section 126 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). This is an application for bail pending trial brought by the applicants on the premise that they are suitable candidates for bail. The state opposes the application. Three bail applications have been consolidated and dealt with as one matter. The facts giving rise to the allegations against applicants relate to the same facts and subject matter. The state argues that there is a strong prima facie case against all the applicants and that there are... More
