This is a claim for damages arising out of the arrest and detention of the plaintiff by members of the Zimbabwe Republic Police on 10 October 2016. In the summons the plaintiff claims a sum of US$12 000 as damages for “illegal arrest, detention and infringing (of) the plaintiff’s constitutional rights in terms of s 50(1) and (2), 51 and 70(1)(a) and (b) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013”. More
The parties in this matter were married on the 27th of September 1997. There are two children born out of the marriage both of whom are now majors. On 4 October 2021 Plaintiff issued out summons claiming a decree of divorce and ancillary relief. The Defendant entered an Appearance to Defend and subsequently filed his plea to the Plaintiff’s claim. More
The matter was placed before me as an appeal against a determination by the Health Services board handed down on 31st January, 2012.
The material background facts are that the appellant was employed by the respondent as a painter based in the Engineering Division at Parirenyatwa Hospital. On the 23rd of May 2011 he was apprehended by plain clothes security guards whilst in possession of 41 iron bars which belonged to the Hospital. He had been observed earlier by the same plain clothes security guards dropping part of the loot near the corner of Leopold Takawira and Cork Road. He... More
The plaintiff is suing the defendant for damages for defamation. The trial was scheduled
to begin on 29 March 2022. It did not. The defendant’s counsel of choice was said to be
indisposed and therefore unavailable. Amid objections by the plaintiff, I postponed the matter
to the second judicial term of 2022. In the meantime, two interlocutory issues were argued. The
first was the defendant’s application to compel further discovery of certain documents by the
plaintiff. The application had been filed separately under a different case number and via the
chamber book. The second was a coterie of what the... More
This is an opposed chamber application for condonation of late noting of an appeal and for extension of time to appeal. The requirements of this application are trite in this jurisdiction. The court considers the extent of the delay, whether there is a reasonable explanation for the delay and finally whether there are prospects of success in the envisaged appeal. See National Employment Council for Engineering and Iron and Steel Industry v General Engineers, Engineering Maintenance and Civil Engineering Workers Union SC – 60 – 23. More
The financial policies adopted by the Zimbabwean government in 2019 leading to promulgation of Statutory instruments that affected mode of payments and even the currency to be used in Zimbabwe continue to dodge these courts. Despite a pronouncement by the Supreme court particularly in the Zambezi Gas case and several other cases litigants continue haggling on the manner in which debts have to be paid and the currency to be used. In this matter the Sheriff of the High Court has become embroiled in a dispute between the warring parties regarding the execution of a writ, whether the writ in... More
This is a court application for an order for direct access to the Constitutional Court made in terms of r 21 of the Constitutional Court Rules, 2016. In the event that direct access is granted, the applicant intends to file an application under s 85 (1) of the Constitution of Zimbabwe seeking a declaration that its rights to the protection of the law and to a fair hearing, guaranteed in ss 56 (1) and 69 (2) of the Constitution respectively, have been infringed by the decision of the Supreme Court of Zimbabwe in judgment SC 93/23. More
The plaintiff is a company registered in terms of the law of Zimbabwe. Its core business is trucking and construction work and trades as an independent contractor. More
This was an urgent chamber application for a stay of execution. It had no merit. It was an abuse of the court process. I dismissed it soon after the hearing but deferred the final disposal of the matter as the parties, upon my prompting, felt they could agree finer points and file an order by consent. They needed a day or two to do this. They never did. On the second day the first respondent’s legal practitioners filed a letter saying the parties had failed to reach a settlement and that therefore I should proceed to make my decision. More
This is an application for leave to appeal to the Supreme Court against the decision of this court that was handed down on 20 February 2015. This court in its judgment dismissed the appeal and upheld the arbitral award by honourable arbitrator Nhimba. More
The applicants who are father and son hail from Pakistan. They came to Zimbabwe sometime in 2008 as investors. On 3 October, 2008 they were granted an investment licence by the Zimbabwe Investment Authority (ZIA). Their investment vehicle is styled Tonia Investments (Pvt) Ltd in which they hold 50% shareholding each. That investment licence was to endure up until 2 October 2010. It was renewed on 8 October 2010 to run for another 2 years up to 7 October 2012. In the investment licence the description of the investment is given as, “Manufacture of blankets, overalls, socks and jeans.’’ Under... More
This is an appeal against the decision of respondent’s Disciplinary Authority which found appellants guilty of fraud and forgery in terms of paragraphs 3,8,13 and 24 of the First Schedule of the Public Service Regulations. Appellants were discharged from service with effect from the 24th May 2013.
The facts giving rise to the charges are allegations that sometime in December 2012, the two appellants and a Mr.Chinhamhora connived with a Mr.JonathMachinga, a legal clerk at Machinga and Associates Law Firm to fraudulently transfer property from Mr. Wilson Gwatiringa to Netombo Bethel Family Trust. It is further alleged that they forged... More
This is an appeal for a matter heard in terms of the National Code, S.I. 15 of 2006. The appeal was filed on the 23rd of October 2023. This was after the promulgation of Amendment Act No 11 of 2023. This amendment amended subsection (5) of Section 101. The amendment is to the effect that a party aggrieved by a ruling at the workplace or the process may appeal to a labour officer. Instead of doing so the appellant appealed directly to the Labour Court. A point in limine on the impropriety of the procedure was taken. More
