The applicants had their property itemised in the draft order seized by the police pending the criminal proceedings in the Magistrates Court at Mount Darwin. The applicants had mounted a similar application before this court under case number HC3678/21 which the applicants failed to prosecute within the prescribed time frames. This saw the dismissal of the application for want of prosecution filed under case number HC 3731/22 by the respondents. The basis for the present application, according to the applicants is that the goods specified in the draft order are unlawfully held by the police. The applicants further alleged that... More
Esther Hodza-(“Esther”) and Steward Bank Limited (“Steward”) are parties to the current application.In February 2016,they entered into an agent-principal contract (“the contract”). More
The Applicant approached the court in terms of Rule 67 (1) and (2) of the High Court Rules 2021. The rule provides as follows:
“ 67 (1) when a spouse is without means to prosecute or defend an action for divorce, judicial separation or nullity of marriage, the court may on application order the other spouse to contribute to his or her costs, and where necessary to his or her maintenance pending litigation such sums as it seems reasonable and just (2) such an application must be supported by an affidavit stating shortly the grounds of the action or defence... More
This is an application for the rescission of a default judgment of this court under case HC69/22 of the 16th of June 2022. It has been brought in terms of rule 29 of the 2021 High Court Rules. The averments are that the default judgment was granted in the absence of and without the citation and incorporation of applicant who is an interested party. Applicant alleges that the action summons in case HC69/22 where only served on the 3rd respondent who in turn did not oppose, hence the default order. More
Judges are public servants and as such they are not to complain about what lands on their plates. They must do justice always no matter the state of the case that is placed before them. I must however confess that the above matter is a dog’s breakfast. The parties have been to this court on at least five occasions and may have appeared before the magistrate courts once or twice before. The dispute between them has not been put to rest up to now and I now have to unravel the orders and counter-orders that this court has given on... More
The plaintiff sued out summons for the division of immovable property acquired by the parties during the subsistence of their tacit universal partnership. Alternatively, the division of the immovable property acquired during the subsistence of the parties’ unregistered customary law union based on unjust enrichment. In opposition to the claim the defendant filed a special plea, that the claim is prescribed. More
This is an appeal against a decision by the magistrates’ court in which the appellant had made an application for upward variation of maintenance in respect of the child Makomborero Setu Andre Mhiribidi from the subsisting amount of ZW$ 10 000.00 to ZW$ 50 000.00. The court a quo varied the amount of maintenance to ZW$ 25 000.00. The appellant and the respondent were in a relationship which led to the birth of the child in question on 23 October 2018. More
Appellant was employed as a teacher at Gwariwa Primary School. It is
alleged that she teamed up with her husband in committing acts of
insubordination towards the Headmaster of the school. The two would absent
themselves from work without authorisation. Appellant was subsequently
suspended from duty from 29 March 2011 to 29 June 2011. She thereafter
did not report for duty leading to her dismissal. She is displeased with the
dismissal and has appealed to this Court. More
This is an appeal against the whole judgment of the Magistrate Court sitting at Chitungwiza on 7 June 2023wherein the court awarded the custody of the parties minor child, a son, to the appellant’s estranged husband. The child in issue is called Colt Anopaishe Chaza born on 30 October 2013. He is currently in boarding school in Macheke and is in 5th grade. More
The respondent’s counsel applied for upliftment of the automatic bar and for condonation for late filing of Heads of Argument on behalf of the second respondent. She said the second respondent was initially represented by another law firm which renounced agency on 7 November, 2013. The second respondent himself deposed to an affidavit to the effect that he had encountered difficulties with his previous lawyers who were not working on the case while at the same time unwilling to give him his file until 7 November, 2013when they eventually did so. The applicant opposed the application but in the interests... More
This is an urgent chamber application for an interim order interdicting the first respondent from publishing a voters’ roll with the photograph of the applicant. The final relief sought is for s 9(c) of the Electoral (Voter Registration) Regulations, 2017, which are contained in Statutory Instrument 85 of 2017 to be declared ultra vires s 57 of the Constitution of Zimbabwe. The application is opposed by the third to thirteenth respondents. The first and second respondents elected to abide by the decision of this court. The first defendant filed an affidavit solely for the purpose of placing certain pertinent information... More
Appellant appealed to this Court against an arbitration award made in favour of Respondent. The grounds of complained that,
“1. The Arbitrator erred and misdirected himself in law by concluding that the Respondent exercised reasonable skill, due diligence and care in the execution of his duties.
2. the Arbitrator erred and misdirected himself in law in interpreting the Respondent’s letter of promotion of 1st December2000, in particular, by concluding that the Respondent cannot be held to have exhibited gross incompetency or inefficiency in the performance of his duties when his contract of employment did not oblige him to check in... More
The appellant was, before his dismissal, the provincial Labour Administrator for Masvingo Province.
On 4 November 2014 appellant was arrested by CID on allegations of receiving a bribe as a result of a trap executed at the instance of Great Zimbabwe University. On 5 November he was sentenced upon conviction to 3 years imprisonment. More
On 5th March 2025 at Marondera Designated Agent T. Chamisa issued a determination
which ordered respondent to pay applicant US$1, 525.00 as terminal benefits but dismissed the claim of under-payment. Applicant then filed the present application for the review of the determination in terms of Section 89(1) d1 of the Labour Act Chapter 28:01. Respondent opposed the application.
At the onset of oral argument the both parties raised points in limine. The points shall be addressed in turn. More
This is an application for an order compelling the 3rd respondent to commence the preparation of the documentation necessary for the conveyance of a property being Stand No. 4772, Bulawayo Township, commonly known as No. 15 Worcester Crescent, Hillcrest, Bulawayo, [the property] into the applicant’s name, and an order compelling the 1st and 2nd Respondent to accept payment of the purchase price being RTG$ 50 000.00. In essence, this is an application for an order compelling specific performance. More
