At the hearing of this matter, I dismissed the application with costs and advised that the reasons will follow later. These are they:
The applicant approached this court seeking an order that the agreement of sale entered into by Miriam Chada (Miriam) acting as Executor of the Estate late Selestino Chada be declared valid, that the second respondent be ordered to effect cession of house number 727 Glen Norah A (“the property”) into the applicant’s name and that the respondents pay costs of suit. More
1. This is an application for joinder of parties.
2. The first respondent instituted proceedings under HC5687 /21wherein he challenges the ascendancy of President Emmerson Dambudzo Mnangagwa to the helm of the second respondent,the Zimbabwe African National Union Patriotic Front, [ZANUPF, hereinafter referred as the party], to become itsPresident and First Secretaryin 2017. He also assumed the role of President of the Republic of Zimbabwe. The first respondent claims that he is a member of the party and is aggrieved by how the succession of the third respondent to the helm of ZANU PF was handled after an operation termed,... More
This is n an urgent chamber application seeking to stop the execution of a warrant of search and seizure No. 1227/21 issued by the Magistrate who is cited as the third respondent in this matter. The first respondent is a sergeant detective with the Zimbabwe Republic Police whilst the second respondent is cited in his capacity as the Commissioner General of Police. The fourth respondent is the Minister of Home Affairs who is responsible for the Zimbabwe Republic Police. He is cited in his official capacity. More
The Appellant’s grounds of appeal are that the Arbitrator erred when he concluded that there was no constructive dismissal of the Appellant. The Appellant prayed that the Award be substituted with the following;
“Appellant be hereby held to have been constructively dismissed and Respondent be ordered to
(1) Pay punitive damages and all outstanding salary arrears including all benefits.
(2) Should parties agree reinstate Appellant without loss of salary and benefits.”
The Respondent on the other hand told the court that the appellant had not raised any point of law as provided for in Section 98 (10) of the Labour... More
ZHOU J: This is a court application to dispose of a minor’s share in the immovable property known as stand number 156 Monavale Township of Mayfield Estate measuring 999 square metres held under Deed of Transfer number 4186/2010. More
This is an appeal against part of an arbitral award issued on
29 August 2013. In the award, it was ruled that the respondent was not unfairly dismissed. It was ruled that the respondent be refunded the amount of US$950.00 that was paid to the appellant for the use of water and electricity.
It is against that part of the award that ordered refund of the sum of US$950.00 that this appeal has been noted. More
TSANGA J: The parties herein were married in 1989 so theirs was notably a lengthy marriage. They had four children, all of whom are now majors. What is disputed herein as part of their divorce is whether a named property should constitute the pool of assets to be divided and in the case of another of the properties, the issue is the divisional principle that ought to be applied. Among the disputed properties is a house in Budiriro, namely stand number 1217 which was acquired in 1997 in the husband’s name at a time when they were already married. The... More
The Appellant was employed by the Respondent as a Cashier. She was suspended from duty on the 20th of June 2014 on allegations of misconduct. The suspension was without pay and allowances. Following investigations Appellant was summoned to appear before a Disciplinary Committee. She was charged with ‘theft’ as defined in the relevant code i.e U.M.P Zvataida Rural District Council Employment Code of Conduct. The Disciplinary Committee found her guilty and consequently imposed a dismissal penalty. Dissatisfied the Appellant appealed internally to the Respondent’s Appeal Committee. The Appeals Committee dismissed her appeal and upheld the dismissal penalty. Still aggrieved the... More
The parties are husband and wife. They married customarily in 1981 and later solemnized their marriage in terms of the Marriage Act, [Cap 5:11], (then Cap 37), on 18 October 1985. Three children were born of the marriage and one of them is still a minor. Certain unhappy differences have arisen in the marriage. The plaintiff now seeks an order of divorce from her husband, custody of their minor child and division of their property. The defendant has counterclaimed for a decree of divorce, custody of the minor child, division of the matrimonial estate and maintenance for himself in the... More
On 22 November 2022 plaintiff issued out summons claiming the following,
“ An order declaring the marriage Certificate No,113/1992 between the late Flaviano Vitalis Mahangate and the 1st Defendant solemnized on 22nd of July 1992 null and void as it was solemnized through fraud in that the late Flaviano Vitalis Mahangate and 1st Defendant misrepresented to the 2nd Defendant to the effect that the late Flaviano Vitalis Mahangate was 33 years old when in fact he was 37 years on the date of marriage and that the late Flaviano Vitalis Mahangate was a bachelor when in fact the late Flaviano... More
1. This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 14 July 2022, under judgment number HB 188/22.
2. After hearing the parties, the court dismissed the appeal with costs. The reasons therefor appear hereunder. More
The applicant is facing a charge of public violence as defined in s 36(1) (a) of the Criminal (Codification and Reform) Act [Chapter 9:23]. The allegations as depicted in the Form 242 are that on 14 June 2022, the applicant in the company of accomplices, some of whom were arrested and are now on remand and others who are still at large, conspired to avenge the murder of one Moreblessing Ali. They resultantly engaged in acts of public violence in Nyatsime area in Beatrice. They burned down the house of ZANU PF Chairperson for Nyatsime area, one George Murambatsvina. More
This is an appeal against the decision of a Regional Magistrate sitting at Chinhoyi Magistrates Court. The appellant was convicted after a protracted trial on a charge of abuse of duty as a public officer in contravention of s174 (1) of the Criminal Law Code. He was sentenced to 36 months imprisonment of which 12 months imprisonment was conditionally suspended for 5 years. More
This is an unopposed Chamber Application for granting of an appeal, made in terms of Rule 19 (3)(b) of the Labour Court Rules, Statutory Instrument 59 of 2006 (“the Rules”).
Ordinarily, this is the sort of application that could be simply disposed of by way of acourt order, without the need to write a judgment. However, the factual background to this application reveals some procedural issues that, in my view, necessitate reasons for judgment.
The applicant filed his application on 17 June 2014 under Case No LC/H/APP/249/14. This was after the respondent failed to file heads of argument in the... More
