1. This is an application for the reinstatement of an appeal that was “dismissed” by the registrar in terms of subrule (b) of Rule 46 of the Labour Court Rules 2017. At the hearing of the application a preliminary point was raised by the respondent that the applicant could not be represented by the Commercial Workers’ Union because she was a managerial employee. It was further said that she was also not a member of that union anyway as there were no deductions made by the employer towards her membership of the union. The respondent referred to subsection (1) of... More
Some rules of this Honourable Court were not strictly complied with by the applicant in this application. The applicant is currently residing in the United States of America. Through a General Power of Attorney dated the 12th of June 2017 the applicant appointed and authorized the deponent to the founding affidavit to file this application on her behalf. The deponent to the founding affidavit Savie Munoriarwa filed this application on behalf of the applicant as a self- actor. That explained why some rules of this court were not strictly followed but be that as it may the application was substantially... More
On 11 March 2010 the plaintiff issued summons out of this court seeking the eviction of the defendant from stand 3667 Township of Gweru Township Lands.
Whilst accepting that the plaintiff is the registered owner of the property the defendant resisted the prayer sought by the plaintiff on the basis that she had been invited and offered accommodation by the plaintiff as part of her employment by the plaintiff. The defendant also filed a counter claim where she alleged that as a result of her employment by the plaintiff from 1999-2009 she had accumulated the sum of $6 274-80 in... More
On 25 June 2021 plaintiff issued summons against defendant claiming:
(a) a sum of US$140 000.00 or its Zimbabwe dollar equivalent being cost of replacing an immovable property No. 2657 Aspindale Gated Community, Harare measuring 200 square metres which plaintiff lost to a third party.
(b) a sum of US$6 500.00 or its Zimbabwe dollar equivalent being money expended by plaintiff in legal fees when attempting to enforce the agreement entered into with defendant in case number HC 221/21.
(c) interest at the prescribed rate calculated from date of judgment to date of full payment.
(d) costs of suit on... More
The applicants had their property itemised in the draft order seized by the police pending the criminal proceedings in the Magistrates Court at Mount Darwin. The applicants had mounted a similar application before this court under case number HC3678/21 which the applicants failed to prosecute within the prescribed time frames. This saw the dismissal of the application for want of prosecution filed under case number HC 3731/22 by the respondents. The basis for the present application, according to the applicants is that the goods specified in the draft order are unlawfully held by the police. The applicants further alleged that... More
Esther Hodza-(“Esther”) and Steward Bank Limited (“Steward”) are parties to the current application.In February 2016,they entered into an agent-principal contract (“the contract”). More
This is an application for the rescission of a default judgment of this court under case HC69/22 of the 16th of June 2022. It has been brought in terms of rule 29 of the 2021 High Court Rules. The averments are that the default judgment was granted in the absence of and without the citation and incorporation of applicant who is an interested party. Applicant alleges that the action summons in case HC69/22 where only served on the 3rd respondent who in turn did not oppose, hence the default order. More
Judges are public servants and as such they are not to complain about what lands on their plates. They must do justice always no matter the state of the case that is placed before them. I must however confess that the above matter is a dog’s breakfast. The parties have been to this court on at least five occasions and may have appeared before the magistrate courts once or twice before. The dispute between them has not been put to rest up to now and I now have to unravel the orders and counter-orders that this court has given on... More
The plaintiff sued out summons for the division of immovable property acquired by the parties during the subsistence of their tacit universal partnership. Alternatively, the division of the immovable property acquired during the subsistence of the parties’ unregistered customary law union based on unjust enrichment. In opposition to the claim the defendant filed a special plea, that the claim is prescribed. More
This is an appeal against a decision by the magistrates’ court in which the appellant had made an application for upward variation of maintenance in respect of the child Makomborero Setu Andre Mhiribidi from the subsisting amount of ZW$ 10 000.00 to ZW$ 50 000.00. The court a quo varied the amount of maintenance to ZW$ 25 000.00. The appellant and the respondent were in a relationship which led to the birth of the child in question on 23 October 2018. More
Appellant was employed as a teacher at Gwariwa Primary School. It is
alleged that she teamed up with her husband in committing acts of
insubordination towards the Headmaster of the school. The two would absent
themselves from work without authorisation. Appellant was subsequently
suspended from duty from 29 March 2011 to 29 June 2011. She thereafter
did not report for duty leading to her dismissal. She is displeased with the
dismissal and has appealed to this Court. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
The respondent’s counsel applied for upliftment of the automatic bar and for condonation for late filing of Heads of Argument on behalf of the second respondent. She said the second respondent was initially represented by another law firm which renounced agency on 7 November, 2013. The second respondent himself deposed to an affidavit to the effect that he had encountered difficulties with his previous lawyers who were not working on the case while at the same time unwilling to give him his file until 7 November, 2013when they eventually did so. The applicant opposed the application but in the interests... More
This is an urgent chamber application for an interim order interdicting the first respondent from publishing a voters’ roll with the photograph of the applicant. The final relief sought is for s 9(c) of the Electoral (Voter Registration) Regulations, 2017, which are contained in Statutory Instrument 85 of 2017 to be declared ultra vires s 57 of the Constitution of Zimbabwe. The application is opposed by the third to thirteenth respondents. The first and second respondents elected to abide by the decision of this court. The first defendant filed an affidavit solely for the purpose of placing certain pertinent information... More
