This is an application for a declaratory order confirming Applicant’s sole beneficial ownership of Holfren Investments (Pvt) Ltd and Ontarium Investments (Pvt) Ltd. Further it is sought that this honourable court direct the Respondent to surrender all title deeds of immovable property registered in the name of Holfren Investments ( Pvt) Ltd and Ontarium Investments (Pvt) Ltd to the Applicant as per para 5 of appliant’s founding affidavit.
The relief being sought as per the draft order is as follows:- More
To bring proceedings by way of application or by way of summons is an issue that must be uppermost in the mind of each and every legal practitioner who is given instructions to approach the court for relief. While application procedure is the more expedient manner of resolving disputes, it is not always suitable. Rules and practices of this court have been set up to guide legal practitioners on when application procedure is not suitable. Numerous judgments of this and the Supreme Court have explained these rules and practices in detail and have in some instances gone to great lengths... More
The plaintiff claims from the defendants the following relief-
(a) Cancellation of the contract entered into between the parties.
(b) The return of electrical gadgets which the plaintiff claims it supplied to the defendants pursuant to the contract.
(c) Costs of suit. More
The first applicant is a trust. It is better known by its operating name Veritas. It is active in the field of human rights, the promotion of rule of law and the promotion of constitutionalism in Zimbabwe. The second and third applicants are two of its trustees. Both are citizens of Zimbabwe and registered voters. More
This is a court application for a declaratur.
The relief sought reads:
“IT IS ORDERED THAT:
1. The removal of the applicant from being a director of the respondent be and is hereby declared null and void.
2. The CR 14 dated 4 July 2014 be and is hereby declared invalid.
3. The CR 14 dated 26 October 2016 be and is hereby declared null and void
4. The respondent pays costs of suit.” More
This is an appeal against the whole judgment of the Labour Court sitting at Harare. The appellant was aggrieved by the assumption of jurisdiction by the court a quo in an application for the conversion to United States dollars of part of an award that sounded in Zimbabwean dollars. The award was granted by the court a quo and had subsequently been registered with the High Court. More
This is an appeal against the decision of the National Employment Council for the banking undertaking’s appeals board.
The Respondent was employed by appellant at its operations centre as a data input clerk. She was charged in the main for any serious act, conduct or omission inconsistent with fulfillment of the express or implied conditions oh her contract” as provided for under category “D” section 11(1) of the applicable code of conduct under S.I. 273/00, and alternatively breaching category “D” section 11(5) namely ‘fraud’. More
This is an application for leave to appeal to the Supreme Court a
decision of this Court handed down on 24 January 2020.
In considering applications of this nature, the court must consider whether
the applicant has reasonable prospects of success on appeal. See the case of Mendson Mjulumba Mpofu v National Social Security Authority SC 72/15. Further, for the application to succeed, it must be on points of law as is required by section 92F (1) of the Labour Act [Chapter 28:01] (the Act). More
The employee was charged with and convicted of two counts of “any serious act; conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract in terms of the relevant code of conduct. It was specifically alleged that the employee had on two occasions encashed a total of US $2 590.00 and also facilitated encashment of US $1 000.00 by signing on the withdrawal slip without the necessary mandate to do so. The employee had been employed in the employer’s NGO branch which served employees of non-governmental organizations (NGO’s) who were the Bank’s customers. These... More
On a bitterly cold winter night of 18 July 2009, the plaintiff’s semi luxury coach, a scania registration number AAZ7875 driven by Albert Bendurawhich plies the Harare – Lusaka route, was on a routine return trip from Lusaka Zambia along the Harare /Chirundu road and had just taken off from Karoi, when it was involved in a collision with an AVM omnibus registration number AAF5935 belonging to the second defendant which was being driven by the first defendant. More
On 1 August 2007 the applicant herein, under Case No HC 4094/07 issued a summons against the respondent herein claiming special damages in the sum of $4 102 500 000 in Zimbabwe dollars. The respondent (defendant) entered an appearance to defend and the matter proceeded in due to be set down for trial. A few days before the matter was due to be tried on the continuous roll the defendant filed a consent to judgment as set out in the summons and declaration. On 4 January 2009 judgment was entered for the applicant (plaintiff) in accordance with the consent filed... More
This is an application for condonation of the late noting of an appeal against sentence only. The applicant was convicted of 2 counts of rape by the Regional Court, he was sentenced to 17 years imprisonment in respect of each count giving a total of 34 years imprisonment of which 4 years imprisonment were suspended on the usual conditions, leaving him with 30 years effective. It is applicant’s submission that the sentence is too excessive as he is a first offender, and was the sole bread winner. More
This case demonstrates the need for contingent measures to be taken to curtail the abuse of the criminal justice system by litigants pending court operations becoming fully paperless.
[2] On 10 August 2018, under HCA (COND) 65/18, MOYO J sitting at the High Court, Bulawayo dismissed First Gasura’s application for leave to appeal out of time in respect of the sentence imposed on him by the Regional Court sitting at Gokwe on 16 September 2016.
[3] Gasura is the applicant in this matter.
[4] Undeterred and having decided to shop for a different judicial officer, the applicant, on 16 September... More
The plaintiff company is the owner of a building in Bulawayo, simply described as Rhodian House. On 1 October 2012, the plaintiff (as the landlord) entered into a lease agreement with the first defendant (as the tenant) wherein the plaintiff leased Shop 2 Rodian House, 95-97 Jason Moyo Street, Bulawayo to the first defendant. On 4 October 2012, the second and third defendants bound themselves in writing as a Surety and Co-Principal Debtors for the performance by the first defendant of its obligations in terms of the lease agreement. More
