This is a judgement in respect of an appeal brought against an arbitral award handed down by the Honourable Mr C Dangarembizi dated 30th January, 2013. More
The applicant is a peregrinuslegal entity. It is incorporated according to the laws of the Democratic Republic of the Congo where it is domiciled. Its principal object is to carry on the business of transport contractors and general merchants, among others. More
MAKONESE J: This is an application for summary judgment wherein applicantseeks that summary judgment be entered in favour of the applicant against the respondent. The application is made on the basis that the respondent does not have a defence to applicant’s claims. It is intended by the applicant that appearance to defend was solely entered for the purpose of delay and as an abuse of court process. For this reason costs are sought against respondent on the punitive side of legal practitioner and client scale.
The application is strenuously opposed by respondent. Respondent avers that there is a dispute between... More
The facts to the appeal were fairly straightforward. The appellant had filed an application for custody in the Magistrate’s Court, of his minor child born on 22 October 2020. The mother of the child was the respondent’s daughter, the now late Rutendo Natalie Eugenia Chanakira to whom the appellant was married to in an unregistered customary law union. She had been staying together with the appellant up until sometime in February 2022 when left the matrimonial home in light of domestic disenchantments. She had died some two weeks later. When she left the matrimonial home together with the child she... More
The parties were married to each other in terms of the Marriage Act [Chapter 37] on 27 September 1985. They have 5 children together all of whom are now majors. The plaintiff instituted proceedings for divorce on 17 June 2011 after almost 16 years of marriage. The matter before this court is premised on the joint pre-trial conference minute dated 10 October 2013. Two issues are for determination. The first issue is whether or not the marriage relationship has irretrievably broken down. The second issue is whether or not it is fair and just that the parties share the matrimonial... More
The plaintiff and the defendant married each other at Chipinge on 25 January 2002. They were married in terms of the Marriages Act [Cap 5.11]. In her evidence the defendant told the court that they initially contracted a customary union in 1990, which they upgraded by entering into the subsequent civil marriage. More
This is an appeal against the determination of the respondent’s Works Council, which upheld the dismissal of the appellant from employment.
The factual background to the matter, briefly outlined, is that the appellant was at the material time employed as a Boiler Operator. On 18 September 2020, he was on duty at the boiler section, operating Boiler Number 2. The boiler had low levels of water when it was being operated. As a result, it overheated and collapsed. The damage cost the company US$120 000 in repairs. More
The applicant and the first respondent are beneficiaries of the land reform programme having been allocated, by offer letters, neighbouring farms namely Subdivision 1A and B Angwa Farm in Makonde District of Mashonaland West Province occupied by the applicant and Subdivision 5 and 6 Angwa Farm occupied by the first respondent. More
The appellant was convicted of contravening s 66 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] for which he was sentenced to ten years imprisonment of which six years were suspended on condition of good behavior. He noted an appeal against both conviction and sentence More
1. The applicant was convicted by the Magistrates Court pursuant to a fully contested trial on a charge of rape as defined in s 65 of the Criminal Law Code. More
Pursuant to the President’s proclamation of the election, the first applicant claims to have registered her desire to be considered for the provincial and metropolitan council under the proportional representation list of her party. In her founding affidavit she narrated that on 20 June 2023, late in the afternoon, she got wind of the fact that the respondents had caused the issuance of SI 114/2023 and SI 115/2023. She states that as a result of these pieces of legislation the nomination landscape in the preface of the upcoming harmonized elections changed significantly in a manner that adversely affected her rights... More
I set HC 6264/21 down for hearing. The hearing was scheduled for 20 June, 2022. At the hearing, the applicant which was the respondent in the case raised a preliminary point. It did so through counsel. Its in limine matter was that the first respondent (“the respondent”) which was the applicant in the court a quo did not file its Heads within the dies which TSANGA J issued to the parties on 4 February, 2022. It insisted that the respondent was barred and could not, therefore, be heard until it unbarred itself. The respondent opposed the preliminary point which the... More
This is an appeal against part of the judgment of the High Court of Zimbabwe sitting at Harare on 20 November 2019 granting an interim interdict in favour of the first respondent.
THE FACTS
The appellant and the first respondent have been engaged in a flurry of litigation and at other times with Interfin Banking Corporation Ltd in liquidation (the bank) in both the High Court and in this Court. Some of the cases have been concluded while others are still pending. The facts relevant to this appeal are narrow. More
This is an appeal against the entire judgment of the Labour Court handed down on 14 December 2012 under case number LC/REV/H/86/2011 wherein the appellant’s application for review was dismissed for lack of merit. More
Appellant, appeared before the Regional Magistrate Court, Kadoma on two occasions seeking bail pending trial. He had been apprehended on two charges of armed robbery and possession of articles used in the commission of an offence, in contravention of ss126 and 140 of the Criminal Law Codification and Reform Act [Chapter,9:23], respectively. Of note, on his initial remand of the 2nd of May 2024, bail was opposed by the State, on the faith of the request of remand form and the investigating officer’s affidavit. When the appellant reappeared on the 8th of May 2024, the State was in possession of... More
