The appellant was a supervisor based at Holiday Inn Hotel (the hotel) until 26 February 2015 when he was dismissed following disciplinary proceedings.
Following alleged acts of misconduct the appellant was charged in terms of category 5 offence 2 of the respondent’s Code of Conduct. The charge being any conduct or omission inconsistent with the fulfilment of the express or implied conditions of his/her employment.
The basis of the charge were three conducts. According to respondent following a tip off that fraudulent activities were taking place at the hotel through connivance of supervisors, cashiers and waiters specifically by way of... More
The appellant appealed against conviction and sentence on a charge of rape, for which he was convicted and sentenced by a Regional Magistrate sitting at Harare Regional Court. He was sentenced to 12 years imprisonment of which 3 years were suspended for 5 years on conditions of good behaviour. More
The appellant was a school Head. Two posts fell vacant at his school. The posts were advertised. After the requisite procedures had been followed, two people were interviewed. The appellant as Head of the school was part of the panel of interviewers. The other party was his Acting Deputy. The third person was a member of the parent body – School Development Association (SDA). The two candidates were Tendayi Nyahuye, who is also the appellant’ daughter and Susan T. Manquma who is the daughter of the Acting Deputy Head. More
The applicant holds the right to occupy and use Subdivision 2 Wakefield in Chegutu measuring 280 hectares (the farm) through an offer letter issued to him by the respondent on 03 November 2018.
2. On 9 May 2022 he paid the total sum of ZWL$235 000 to the first respondent, through the Civil Division of the Attorney –General’s Office, to facilitate the registration, in his favour, of a 99 year lease over the farm in question.
3. The payment was the culmination of a process which had seen a surveyor- diagram, SGN 279/2014, being framed pursuant to the farm being... More
The Plaintiff petitioned this court for a prayer in the following terms:
a) An order setting aside the registration of transfer from the Plaintiff to the first Defendant under Deed Number 3541/2017 for a certain piece of land situate in the District of Salisbury called stand number 346 Northwood Township 2 of Sumben measuring 4 047 square meters.
b) Cancelation of Deed of Transfer Number 2144/2018 made in favor of the third Defendant for the above immovable property.
c) The fourth Defendant be ordered and authorized to effect transfer into the name of the Plaintiff and Li Wei Yong for... More
Plaintiff caused the issuance of summons against the defendants wherein he claimed:
1. Payment of an amount of US$ 10 402.42 (ten thousand four hundred and two United States dollars and forty two cents) being the duty amount levied by ZIMRA on a vehicle sold to plaintiff by defendants.
2. Payment of car hire charges at the rate of RTGS 600 (six hundred RTGS dollars) per day from 18 December 2019 to the date of release of the vehicle from ZIMRA or to the date of full refund of the purchase price by defendants.
3. Alternatively, failing (1) above, the... More
At all relevant times Turnall Holdings [“Turnall”] was a distributor of asbestos sheets. At all relevant times the appellant, then 55 years old, now 57, was employed as a dispatch controller and stationed at its Bulawayo depot. At all relevant times the complainant, Major Family Savings Group, was one of Turnall’s trading customers. More
The matter was allocated to me on 24 January 2017 and I immediately set it down for hearing that very day. It started off with the first eight (8) cited
respondents who increased to ten (10) when I granted an order for intervention by the last 2
(two) respondents. More
In this opposed application, the applicant prays for the setting aside of an arbitral award of Z Mutimutema and M Ruziva sitting together as joint arbitrators chosen by the applicant and the first respondent. The application is premised on Article 34 (2) (b) (ii) of the Model Law to the Arbitration Act [Chapter 7:15] which provides for the power of the court to set aside an arbitral award if it is against the public policy of Zimbabwe. The first respondent opposed the application and prayed for its dismissal with costs. The second and third respondents are the arbitrators whose arbitral... More
On 7 June 2019 the appellant was arraigned at Mutare Magistrates Court facing a charge of “unlawful dealing in or possession of precious stones” in contravention of s 3 (1) of the Precious Stones Act [Chapter 21:06]. The state alleged that on 25 December 2018 and at Sakubva Bus Terminus, Birchnough – Mutare Road, the appellant and one Kumbirai Karani, unlawfully dealt in or possessed 5 pieces of diamonds weighing 14, 80 carats and valued at $1 267-17 without being exempted in terms of the said Act. At the close of the state case Kumbirai Karani was discharged, the appellant... More
This is an application for condonation of the late noting of an application for review. Applicant seeks a review of the decision of the Master of the High Court to confirm the first and final liquidation and distribution account in the estate of the late ThembinkosiSibindi DRB 346/17 handed down at Bulawayo on 14 November 2014.
The applicant avers that she was customarily married to the late ThembinkosiSibindi without knowledge that he was already married. That together they acquired stand No. 5 York Road Hillside in Bulawayo and that she personally contributed $23 000 USD being USD $15 000 for... More
This is an application filed by applicant in terms of s.196 of The Customs and Excise Act [Chapter 23:02] as well as ss 3 (1) and 4 (1) of the Administrative Justice Act [Chapter 10:28] where applicant seeks the following order:
“IT IS HEREBY ORDERED THAT.
1. The decision made by the second respondent confirming the decision of forfeiture of motor vehicle namely Man 81.08 Rigid truck Registration Number AFH 5315, Chasis Number WMAH18ZZ07093662 be and is hereby set aside.
2. The respondent s are hereby ordered to release the Man 81.08 Rigid Truck Registration Number AFH 5315, Chasis Number... More
A short judgment in this application is considered necessary in order to clear confusion which may arise on account of the orders which I shall make. It is therefore necessary to give a brief background to this application.
The two applicants were jointly charged with two counts of the offence of stock theft as defined in s 114 of the Criminal Law (Codification & Reform), Act [Chapter 9:23]. They were each convicted as charged on 13 February 2015 by the magistrate sitting at Guruve Magistrates Court. The applicants were sentenced on the first count to 16 years imprisonment each with... More
This is an appeal against the whole judgment of the High Court handed down on 28 April 2021 under judgment HH 211/21 in which the court a quo confirmed the forfeiture of the appellant’s mining block registered under registration certificate number 18132, also known as Mirage 3 situate at Kwekwe Mining District of the Midlands.
At the close of submissions we delivered an ex tempore judgment and allowed the appeal with costs. The parties have requested that they be furnished with written reasons for our judgment. More
