On the return day of the rule nisi I confirmed the provisional order and dismissed the counter application indicating that the reasons will follow. These are the reasons. This is the return day of the rule nisi issued by this court on 10 May 2007 interdicting the two respondents (applicants in the counter-application hereinafter referred to as “respondents” or “first and second respondents”) from using applicant’s (respondent in the counter-application hereinafter referred to as “applicant”) two Mercedes Benz motor vehicles registration numbers AAA 3378 and AAA 4417 and directing the respondents to surrender to applicant the said motor vehicles immediately.... More
This matter was previously set down on 30 June 2010 before Matanda –Moyo J. The Judge issued an order for the matter to be postponed sine die. The matter was to be set down once the Heads of Argument were filed. The matter was re-set for 13 February 2014and none of the parties have appeared. The return of service shows that the offices of the union have relocated to an unknown address, which means that the respondent was not served. However, the return in respect of appellant shows that it was served on Wintertons Legal Practitioners on 24 January 2014.... More
On the 26th of July 2022, the parties appeared before me and made submissions on the preliminary points which had been raised by the 4th and 5th respondents. After hearing arguments from both sides, a judgment, number HH620/22, on the technical objections was subsequently delivered on the 15th of September the same year herein incorporated as part of this judgment. An application for leave to appeal was immediately noted in terms of the governing rules resulting in the filing of the same within the prescribed period. After several false starts the respondent opted to withdraw their application for leave to... More
On 6 November 2015 arbitrator J Chihlaba issued on arbitration award at Harare. He ordered appellant to pay respondents their notice pay which the former had withheld. Appellant then appealed to this Court against the award. More
This is a court application for review of proceedings conducted by the second respondent at Southerton District Headquarters on the 3rd of January 2018. The basis of the application is that the proceedings were irregular and the respondent failed to provide the record of proceedings. Further it was submitted that the record that was produced did not capture the proceedings properly. The other ground was that the applicant was denied legal representation at the hearing. Lastly it was contended that the applicant applied to have the matter postponed so that she could look for alternative legal representation but that application... More
The plaintiff and the defendant are husband and wife. On 27th May 1976 they contracted a marriage in terms of the African Marriage Act (Chapter 5:07), (then Chapter 105). The marriage was blessed with five children. They are all majors. One is now deceased. Sometime in 1988 the parties started having marital problems. The parties lost love and affection for each other. In August 2018 the defendant forced the plaintiff out of the matrimonial home. The plaintiff now resides with relatives in Bulawayo. More
This is an application for review.
The background is that the applicant alleges that she was employed by the 2nd respondent. The applicant’s services were terminated by the 2nd Respondent in December 2014 after the government had indicated that it was going to employ qualified ECD teachers in January of 2015. The applicant argued that she ought to have been retrenched but she was not. She argues that she was this fairly dismissed. More
The Plaintiff claims a default judgment for damages arising from an assault perpetrated by the Defendant on the her and consequential damages thereto totalling US$ 35 948.50. The matter appeared on the unopposed motion roll on 9 March 2022.
The Plaintiff pleaded that on or about 1 July 2020 and at Matanda Shopping Centre at Shamva the Defendant unlawfully assaulted her by hitting her with bricks, fist and booted feet as well as some unknown blunt objects. The assault took place in public. Upon his arrest and trial the Defendant was convicted and sentenced to a non- custodial sentence. More
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of the Movement for Democratic Change “MDC” for the House of Assembly seat for the Uzumba constituency. The respondent represented Zimbabwe African National Union [Patriotic Front}”ZANU PF” for the seat in that constituency. On 31 March, 2008 the respondent was declared the winner of that seat. More
: The plaintiff instituted an action against the defendants seeking an order for defamation damages in the sum of US$65 000. According to the plaintiff, the second defendant defamed her on 27 December 2021 through Whatsapp and on 6 June 2022 where the second defendant allegedly uttered defamatory words in the presence of church leaders. More
Appellant appealed to this Court against her dismissal from employment by Respondent who opposed the appeal.
The grounds of appeal were three-fold as follows;
“1. The Respondent grossly erred and/or misdirected himself in his assessment of the evidence that was placed before the Disciplinary Committee. More
MAKONESE J: This is an urgent chamber application for an interdict. The Draft Order is couched in the following terms:
“INTERIM RELIEF SOUGHT
1. That 1st and 2nd respondents, their associates, agents, assignees, partners, and all those claiming mining rights through them, be and are hereby ordered to forthwith cease all mining activities at Ansh 267 gold mine, registration number 27857, situate at Selukwe Peak Farm, Shurugwi.
2. That 4th respondent be and is hereby directed and ordered to carry out a survey on the ground and compile and file with the court a survey report within 21 days of... More
On the 10th of April 2019 at Harare Applicant, qua Designated Agent made a ruling. She ordered 1st Respondent (employer) to pay 2nd to 12th Respondent (employees) a total sum of $21,065-45 in respect of their retrenchment package or terminal benefits. The payments were due within thirty (30) days of the ruling. Apparently the employer did not comply. Applicant then applied to this Court in terms of section 93 (5a) of the Labour Act Chapter 28:01(hereafter called the Act) for the confirmation of her ruling. The employer supported the application. The employees opposed the application. More
The applicant made a ruling in terms of section 93 5 ( c) of the Labour Act [Chapter 28:01] in the following terms:
“1. The claim by the claimant for payment of service pay is hereby upheld in terms of section 12 c (2) of the Labour Act.
2. The respondent should therefore pay a total of $1 574-16 to the claimant.
3. The order should be complied with within thirty days from the date of receiving it.”
Pursuant to section 93 5 (a) and (b) of the Act the applicant has approached this court for confirmation of the said... More
The first plaintiff is the widow of the late Benard Nyandoro while the first defendant is the son of the late Nelson Nyandoro. Bernard was the elder brother of Nelson. The tussle in the present matter is between the first plaintiff and her nephew, the first defendant, over the ownership of Stand Number 748 – 3rd Street Hatcliffe (748) in Harare. This immovable property was purportedly acquired and developed by Bernard but was registered in the name of Nelson. Nelson never resided at this property. He lived with his wife and children at another house in Hatcliffe that was registered... More
