Following a leadership dispute in the African Apostolic Church (VaApostora VeAfrica) which is the tenth respondent in this matter, the applicant approached this court by way of a court application in case number HC 2402/20 for a relief. He petitioned the court in his capacity as an interested party, reverend and church member for a declaratur to set aside the purported appointment of the first respondent, Alfred Kushamisa Mwazha as the successor to the founder and Archbishop of the church, Paul Ernest Mamvuru Mwazha (Paul Mwazha) now a centurion at 102 years. The first respondent together with the second, third... More
The Appellant got engaged in the Respondent’s employ on 1 September 2012 after signing the offer letter on 16 July 2012. The letter specified that the Appellant was to begin work on 1 September 2012. The Appellant was given another contract to sign when he was already in employment. The Appellant refused to sign it and this began the legal tortuous route leading to his dismissal culminating in arbitration proceedings and finally to this Court. The Arbitrator ordered payment of damages in lieu of re-instatement. The Appellant is dissatisfied with the award and the Respondent is equally unhappy and has... More
This is an application for condonation for late noting of appeal and not for extension of time within which to appeal as well. The applicant was charged and convicted of two acts of misconduct. A penalty of dismissal was imposed. The acts of misconduct were also reported to the police but the criminal charges did not succeed. The charge was that of conduct inconsistent with the fulfillment of the express or implied conditions of his contract- section 4a of Statutory Instrument 15 of 2006. More
When parties appeared before the Arbitrator, the respondent put forward a claim of a total of thirty three thousand two hundred and sixty four US Dollars (USD 33 264.00). The Arbitrator thereafter awarded him a total of twenty three thousand one hundred US Dollars
(USD23 100.00) made up of 25 months’ salary at the rate of USD924 per month as damages for loss of employment. The operative word here is “damages for loss of employment”. The appellant in ground 3 has taken issue with the Arbitrator’s use of the word “additional compensation.” What I understand is whether or not the... More
The appellant was formerly employed by the respondent as an operations manager. Together with a colleague, he was charged with contravening s 4(d) of the Labour (National Employment Code of Conduct) Regulations 2006, S.I. 15 /06 (“the National Code of Conduct”). The allegations against the appellant and his colleague were that on divers occasions between January 2006 and October 2006, they had presented to the City Council of Harare fraudulent quotations in respect of a project for the purchase of computers in the absence of council approval. They were also charged with two counts of contravening s 4(f) of the... More
This is an urgent application for spoliatory relief. The applicant seeks a provisional order couched in the following terms:
Terms of final order sought
1. That the interim relief be and is hereby confirmed on the return date to the effect that:
1.1. Second respondent retain in its possession, applicant’s motor vehicle, being an Isuzu Double Cab with Registration number AFK 3062, pending the determination of the dispute between the parties under Case No. 891/19 (Case No. Civ 57/19);
1.2. It be and is hereby declared that applicant is the owner of the above motor vehicle; and
1.3. The agreement... More
1. This is an urgent chamber application for stay of execution pending review. The applicant seeks a provisional order couched as follows:
Terms of final order sought More
On 6 February 2007 the applicant filed the present application. He prayed for an order that:
a) the appointment of first respondent to the Estate Attwell Garande be and is hereby set aside
b) the agreement of sale and agreement of assignment of stand No 6579 Budiriro 5B Harare done on 17 January 2007 be and is hereby set aside and the property reverts back to the Estate late Attwell Garande
c) the third respondent be and is hereby interdicted from ceding this property to any third parties without the order of this Honourable Court
d) the first and second... More
The late Pension Wakapila died on 28 May 1999. He was survived inter alia by his wife Bridget to whom he was married in terms of the Customary Marriages Act [Cap 5:07] on 5 August 1973. Bridget died on 6 September 2002. Their union was not blessed with children. Before they contracted the union, Pension had children by another woman while Bridget also had a son by another man. This son, Remigio Tawanda Chagonda, was appointed the executor dative of Bridget’s estate by the Assistant Master at Harare Magistrates Court on 6 March 2007, while the other woman in Pension’s... More
: The plaintiffs issued summons against the defendants claiming:
a) That the agreement of sale between the parties in respect of Lot 16 of Lot 20A of Waterfalls be and is hereby declared null and void. More
This is a court application for a declaratory order and consequential relief. The draft order sought is to the following effect.
“IT IS BE AND HEREBY ORDERED THAT
1. The cancellation of the Agreement of sale of stand number 27426 measuring six thousand six hundred square metres situated in the Charumbira Road commercial area of Masvingo signed between the Applicant and Respondent on the 13th of August 2004 by Respondent be and is hereby declared null and void.
2. The Agreement of Sale signed between the Applicant and the respondent on the 13th of August 2004 of stand number 27426... More
The applicants bring this application in terms of s 27 (4) of the Births and Deaths Act, [Chapter5:02], [hereinafter referred to as the Act]. The second applicant was married to the late Elias Jonathan Kanengoni, who for ease of reference, will be referred to as the late Kanengoni. She is the executor of the estate of the late Kanengoni and represents it. More
This is an urgent chamber application for stay of execution in respect of paragraph 4 of a court order under HC 663/20. This order cancelled a certificate of registration of Olympia 7 Mine. The stay is sought pending the determination of an application for upliftment of a bar currently operating against the 1st and 2nd applicants for failure to file opposing papers on an application for confirmation of a provisional order under HC 663/20 as required by the rules of this court. More
