Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
This is an appeal against the judgment of the High Court handed down on 14 May 2021. In that judgment, the court a quo held that monetary assets in offshore accounts forming part of the matrimonial assets to be divided between the appellant and the first respondent, following their divorce did not constitute a foreign obligation. More

ELENA GONYE AND JOSEPH TASOSA AND LOISE CHAILES BELL AND MAMTA DESAI AND GAIL COLETTE CLINTON AND RUSSEL JOHN CLINTON AND GITA RANCHOD AND TAWANDA MAPHOSA AND MARIA ANSARI AND THEODORE TUMAZOS AND PERPETUA SANGAZA AND PRECIOUS CHIDAVAENZI AND ELAINE DA’QUINO AND SARAH ANNE COOK AND TRACEY JACOBS AND CRAIG MICHAEL ROBERTS AND TAKURA OBERT TSENZERE AND KEVIN PHILIP AND LINDA ANN COOK AND ANGELA ANDROUNAKOS AND RUBY MAGOSVONAWE AND SUSAN ROBINSON AND E. CHIGU AND S. YALIAS AND MATHEW SIBANDA AND DEEVIA CHOUHAN AND JUNE DIANE BARNES AND HEATHER C. SINGLETON AND VIVON NIGEL GABRIEL AND GREGORY ROBINSON AND BEVERLEY ARORA AND ERIC YORK AND CANDICE COLLIN AND TAFADZWA AGNES RANGARIRA AND ALISON HOLMAN AND LINDA GIBBONS AND PETER CONSTAN-TATOS AND JOANNA PRECIOUS AND TINOMUDWISHE CHINHENGO AND CHARLES ROSS BROWNLEE WALKER AND DESIREE A. CABLE AND HELENE T.I. TSELENTIS AND E.M. KOUPARIS AND A.N. KOUPARIS AND H.A. LYNDON THOMPSON AND ELIA JASMINE PLANT AND IAN GILMOUR AND ANDREW C. HILL AND FIONA ATKINSON VERSUS REDAN KEROSENE (PVT) LIMITED AND MARK CAMPBELL HOUNSELL AND CITY OF HARARE AND CITY OF HARARE DEPARTMENT OF WORKS (CITY PLANNING AND DEVELOPMENT) AND TOWN PLANNER MUDZENGERERE (2023-09-07)
The crux of the applicants’ case is that they are aggrieved by construction work commenced by the first respondent in their residential area. They aver that the first respondent has begun ground work for the construction of a fuel station and a fast food outlet at Stand Number 5273 Churchill Avenue, Harare (hereinafter called “the property”). Additionally, the applicants contend that a commercial outlet in this residential area would result in the disruption of the peaceful life they enjoy in their neighborhood. In particular, the complaint is that the operation of a fuel station in the area would expose residents... More

1. This is an appeal against the whole Arbitral Award handed down by Honorable Arbitrator, N. Shumba on the 14th of November 2024. Appellant raised Five grounds of appeal as follows: More

At the onset of oral argument in this Court respondent raised 2 points in limine which applicant opposed. 1. That the application is in improper form 2.That the application is fatally defective for failure to comply with prescribed time limits More

This is an urgent application filed on 2 February 2011 and the applicants seek the following relief: “Final Order 1. That the first respondent revokes the appointment of Wesley Militala as Provisional Judicial Manager of David Whitehead Textiles Limited for failure to give security for the proper performance of his duties in terms s 302(1)(b)(i) of the Companies Act [Cap 24:03] and appoints in his place a suitable person as the Provisional Judicial Manager of David Whitehead Textiles Limited. 2. That the first and second respondents pay the costs of suit at an attorney – client scale More

This is a chamber application in which the first applicant seeks an order in the following terms More

The applicants, who are non-managerial employees of SMM Holdings, made an application to the respondent seeking leave to institute proceedings against SMM in terms of s 6 of the State-Indebted Insolvent Companies Act [Chapter 24:27]. More

This is an appeal against the decision of the respondent’s appeals officer who confirmed the dismissal of the appellant employee in a case where the employee had been charged with gross incompetency and inefficiency at work. Facts of the case are that the appellant who was in the respondent’s employ was charged with gross incompetency and inefficiency in a case where he was found to be absent from his workstation for a period of time. He had however engaged a procedure called “by pass” which was a situation where he had to redirect the flow of the waste at the... More

On 7 October, 2016 the respondent filed an urgent chamber application with the court. It did so under Case No. HC 10216/16. More

This is an application for the review of the decision of the second respondent in his capacity as the President of the first respondent to suspend the applicants from their official positions with the first respondent. The applicants seek the setting aside of the decision to suspend them. They also seek that they be reinstated and that the second respondent be ordered to conduct a national congress that is in terms of the first respondent’s constitution and electoral practices. More

This is an appeal against an arbitral award which I am proceeding to determine on the record in terms of section 89 (2) (a)(i) of the Labour Act due to non-compliance with Practice Direction 1 of 2014. More

This is an application for an interdict in which the applicants seek a mandatory interdict against the respondents, compelling them to pay the applicants their end of project benefits as per their promise. The applicants are all former employees of Constitution Parliament Select Committee (COPAC) mandated to draft the Constitution of Zimbabwe. COPAC winded up their activities in 2013 by drafting a draft constitution and submitting a report to the Parliament of Zimbabwe. More

This is an appeal and review of the decision of the respondent employer’s appeals committee where it confirmed the appellant employee’s guilty verdict and dismissal penalty. Facts giving rise to the appeal are that the appellant who was in the respondent’s employment as an ICT technician based at Harare Airport had occasion on 30 January 2014 to pick up a Nokia Asha phone from gate 6 where its owner one Sandra Chamunorwa a student on attachment with the National Handling Services Department had forgotten it. Appellant did not surrender the phone immediately upon picking it up but took it to... More

A school girl in form 3 at a school headed by the appellant reported with the assistance of the school head and his wife that she had a love relationship with one of the teachers. More

This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from both legal practitioners for reasons appearing later in this judgment. More