Applicant seeks an order for the re-registration of mortgage bonds as well as a caveat on a piece of land described as Stand Number 80 Borrowdale Brooke Township of Subdivision H of Borrowdale Brook Estate. This immovable property, (“Stand 80 Borrowdale Brooke”) being 5,0445 hectares in extent is held by Honeypot Investments (“Honeypot”) the second respondent hereto. More
This application was filed as a chamber application for leave to appeal MABHIKWA J’s judgment, which judgment granted the 1st and 2nd respondents’ application for condonation for late filing of an application for review. The chamber application was duly placed before the Judge who ordered that it be referred to the opposed roll. This order was given on 10th March 2020. In compliance with that order the chamber application was referred to the opposed roll and finally set down for hearing in 2022. More
After a selective tender process, applicant (“FBC”) awarded a US$24,867,340,0228 contract for the construction of its head office in Borrowdale, Harare, to first respondent (“Zimbabwe Nantong”). A principal term of the contract was that payment of the United States Dollar (USD) contract price would be made in the local currency- “ZWL”. The contract documentation carried two sets of exchange rate formulas applicable to the USD-ZWL conversion concerned. These formulas were expressed as follows;-(i) “The Bills of Quantities will be priced in USD and payments will be made in ZWL equivalent” and (ii) “The payment to the contractor will be made... More
This is an appeal against an arbitral award.
The respondent was employed by the appellant since 2004 as a general hand/day guard until May 2014 when he resigned. On 5 January 2015, the respondent lodged a complaint of underpayment of wages, non-payment of overtime and for public holdings worked with the National Employment Council for the Transport Operating Industry. Failing settlement, the dispute was referred to arbitration. More
This is an application for absolution from the instance at the close of the plaintiff’s case which the plaintiff has opposed. The plaintiff is a Construction Company. It was engaged by the defendant to render certain construction services to defendant’s property at 110 Swan Drive Alexandra Park Harare namely making certain additions and alterations to an existing dwelling and erecting a boundary wall and modifying the gate as per detailed drawings. More
At the hearing of the above appeal, despite having been duly served with a notice setting the matter down, there was no appearance on behalf of the respondent. The appellant successfully applied that the respondent be held to be in default and duly barred but that the matter be determined on its merits. More
The three matters above were dealt with by the same Provincial Magistrate sitting at Mbare. The trials of the accused persons were disposed of by guilty plea procedure in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure & Evidence Act, ([Chapter 9:07]. In the case of S v Febbie Mukotodzi CRB 2422/21 the accused on his guilty plea was convicted of assault as defined in s 89(1)(a) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23] (“Criminal Code”). It was alleged that the accused slapped the complainant several times on the face on 15... More
At the hearing of this matter, I dismissed the application with costs and advised that the reasons will follow later. These are they:
The applicant approached this court seeking an order that the agreement of sale entered into by Miriam Chada (Miriam) acting as Executor of the Estate late Selestino Chada be declared valid, that the second respondent be ordered to effect cession of house number 727 Glen Norah A (“the property”) into the applicant’s name and that the respondents pay costs of suit. More
1. This is an application for joinder of parties.
2. The first respondent instituted proceedings under HC5687 /21wherein he challenges the ascendancy of President Emmerson Dambudzo Mnangagwa to the helm of the second respondent,the Zimbabwe African National Union Patriotic Front, [ZANUPF, hereinafter referred as the party], to become itsPresident and First Secretaryin 2017. He also assumed the role of President of the Republic of Zimbabwe. The first respondent claims that he is a member of the party and is aggrieved by how the succession of the third respondent to the helm of ZANU PF was handled after an operation termed,... More
This is n an urgent chamber application seeking to stop the execution of a warrant of search and seizure No. 1227/21 issued by the Magistrate who is cited as the third respondent in this matter. The first respondent is a sergeant detective with the Zimbabwe Republic Police whilst the second respondent is cited in his capacity as the Commissioner General of Police. The fourth respondent is the Minister of Home Affairs who is responsible for the Zimbabwe Republic Police. He is cited in his official capacity. More
The Appellant’s grounds of appeal are that the Arbitrator erred when he concluded that there was no constructive dismissal of the Appellant. The Appellant prayed that the Award be substituted with the following;
“Appellant be hereby held to have been constructively dismissed and Respondent be ordered to
(1) Pay punitive damages and all outstanding salary arrears including all benefits.
(2) Should parties agree reinstate Appellant without loss of salary and benefits.”
The Respondent on the other hand told the court that the appellant had not raised any point of law as provided for in Section 98 (10) of the Labour... More
This is an appeal against part of an arbitral award issued on
29 August 2013. In the award, it was ruled that the respondent was not unfairly dismissed. It was ruled that the respondent be refunded the amount of US$950.00 that was paid to the appellant for the use of water and electricity.
It is against that part of the award that ordered refund of the sum of US$950.00 that this appeal has been noted. More
