Before us is an appeal against the decision of the magistrates’ court which granted an application for summary judgment thereby evicting the appellant and all those claiming occupation through her from Stand No 985 Mabelreign Township, also known as No 16 Shashi Flats Mabelreign, Harare. In addition the appellant was ordered to pay to first and second respondents, the sum of US$700.00 being rent arrears from 1 November 2020 to May 2021, to be paid at the prevailing bank rate. US$100.00 per month was also payable to third respondent as holding over damages from June 2021 to the date of... More
At the hearing of this matter I dismissed the appeal and indicated that reasons would follow. These are they;
This is an appeal against a decision of the Disciplinary Committee dismissing appellant. Appellant was employed by Metallon Gold Zimbabwe (Pvt) Limited which operates Shamva Mine. He was charged of theft, gross incompetency and gross negligence in terms of the Code of Conduct. Appellant, who was employed as a Senior Gang Leader was working in a shift in the Smelting Room in May 2015. He left his subordinates to work without supervision and gold slime was stolen. More
On 24 August 2023, acting in terms of r 56 (2) of the Supreme Court Rules, 2018, the applicant filed the present chamber application for the review of the first respondent (taxing officer)’s decision. On 1 August 2023, the first respondent declined to award to the applicant the United States dollar denominated disbursements, which it had paid to its own counsel, at the interbank rate prevailing on the date of taxation. Instead, the first respondent awarded the applicant these costs in RTGS dollars at the interbank rate prevailing on the date on which the applicant had voluntarily paid counsel in... More
GARWE JA
[1] This is an appeal against the whole judgment of the High Court of Zimbabwe sitting at Harare granting the respondent’s claim against the appellant in the total sum of US$120 000 together with interest thereon and costs of suit. The amount represents land development levies for the period 2009 to 2013 which the respondent claimed were outstanding in terms of the Rural District Council Act, [Chapter 29:13] (“the Act”). In determining that the appellant was liable to pay the sum claimed by the respondent, the court a quo interpreted the word “owner” as defined in s 95... More
The first applicant is a mining company registered according to the laws of Zimbabwe. The applicant is a member of the New Dawn Mining group which owns and operates a number of mines in this country.
The second applicant is a private limited company which holds a tribute agreement to mine several of first applicant’s mining claims generally known as Antelope. These are the claims in dispute. They are fully described in the draft order. They will be referred to hereinafter as the mining claims. The respondent is cited in his official capacity tasked with the administration duties in terms... More
This is an urgent chamber application in which the two applicants seek an order interdicting the first to eleventh respondents, their employees, assignees, invites and all those claiming through them from mining any ore within the boundaries of the first applicant’s mining claims located in Maphisa Kezi. The details of the specific mining claims are given in the draft provisional order. Applicants also seek an order interdicting the same respondents from removing any mined ore, dump or sands from the said claims boundary. More
This is an urgent chamber application for an order interdicting the first to tenth respondents, their employees, assignees, invitees and all other persons claiming occupation through these respondents from mining ore at the disputed mining claims located in Maphisa, Kezi and from removing any mined ore, dump or sands from the said claims. The relief is being sought pending determination of the action instituted under Case Number HC 6672/23 for the ejectment of these respondents from the claims. More
This is an appeal against an arbitral award per the Honourable D. Munemo dated 23rd September, 2015. The Appellant seeks to have the award set aside in its entirety. The appeal is opposed. More
The critical facts of this matter are a largely common cause and are as follows:
On 15 October 2020, the parties entered into an Instalment Sale of Land. The land in question is situate in the District of Gwelo, being Lot 2 of Lot 1G MNYANI measuring 112 0001 hectares (the property), for US$1 500 000.00. The Applicant (the Purchaser) was to pay to the Respondents (the Sellers) a Deposit amount in the sum of US$800 000.00. It happened that at the time the parties signed the sale agreement of sale this deposit amount had already been paid way back... More
This is an appeal against the decision of the National Employment Council for the welfare and Educational Institutions, appeals committee.
Background
The respondent was engaged by the appellant as a Human Resources Officer. Allegations of misconduct were raised against her that she had misrepresented facts to Tear Fund. She was dismissed on 13 September 2021. The appellant (employer) stated that she had pleaded guilty to the allegations. She appealed to the appeals authority which set aside the dismissal penalty on procedural grounds and invited the parties to appear before it and make representation as to mitigation and aggravation. The respondent... More
The plaintiff and defendant are wife and husband. They married each other in Harare on 23 September 1994 in terms of the marriage Act [Cap 5:11]. The marriage was blessed with two male children Nyasha (born on 12 March 1996) and Hillary (born on 25 October 1998).
On 11 July 2007 the plaintiff issued summons seeking a decree of divorce on the basis of irretrievable breakdown, an order of sharing of matrimonial property, custody of the two minor children, an order of maintenance for the two minor children and that each party bears own costs.
The defendant conceded that the... More
The applicant approached the court with an application for bail pending review of proceedings which took place on 11 April 2013 at Kadoma magistrate court. The back ground to the application being that on 11 April 2013 the applicant appeared before Kadoma magistrate on a charge of contravening of s 3 (1) (a) of the Domestic Violence Act [Cap 5:16]. The applicant pleaded guilty to the charge, was convicted and sentenced to 16 months imprisonment of which 6 months imprisonment was suspended for 5 years on the usual conditions of good behaviour. The applicant was aggrieved and he noted an... More
The applicant’s case as presented in the pleadings, in brief, is that around 25 July 2022, he agreed with the first respondent that he would bring his car, Mercedes Benz, Registration number AEX 8962 (hereinafter called “the vehicle”) to the first respondent’s garage for repairs. The applicant further alleged that he intended to sell the vehicle after repairs. The applicant further alleges that he did not authorise the first respondent to sell the vehicle. It is the applicant’s case that he agreed with the first respondent that the vehicle would be repaired within three days. More
