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
This is an appeal against a judgement of the Magistrate court sitting at Harare in which the appellant’s claim for the eviction of respondent from stand 3357 New Mabvuku also known as 44 Mubanga Street New Mabvuku Harare was dismissed by the court a quo. More
The present dispute is an off-shoot of the main matter between the parties and comes as a result of the judgement I delivered in Eric Murowa v Mabaya & Sons Transport & General Contractors CC & Another HMA 61-22. The following background facts suffice by way of recap. The plaintiff instituted a claim for the recovery of the sum of ZAR 1 830 272 in delictual damages arising from injuries he sustained in a motor vehicle collision. More
The applicant filed an urgent chamber application for attachment of property to confirm jurisdiction. I granted the order on 29 October 2021.
The first respondent has anticipated the return date and seeks that the provisional order granted on 29 October 2021 be discharged with costs on an attorney client scale.
The application for attachment of property to confirm jurisdiction is based on the following basis extracted from the founding affidavit of applicant.
The applicant is employed by MB Transport as a driver. On 20 November 2020 at the 220 kilometer peg along the Masvingo Beitbridge Road second respondent who was... More
At the conclusion of the trial in this matter, and after the two defendants virtually abandoned their defences to the plaintiffs’ claims, I entered judgment in favour of the plaintiffs and said the reasons for doing so would follow. These are they. More
