The matter was allocated to me on 24 January 2017 and I immediately set it down for hearing that very day. It started off with the first eight (8) cited
respondents who increased to ten (10) when I granted an order for intervention by the last 2
(two) respondents. More
In this opposed application, the applicant prays for the setting aside of an arbitral award of Z Mutimutema and M Ruziva sitting together as joint arbitrators chosen by the applicant and the first respondent. The application is premised on Article 34 (2) (b) (ii) of the Model Law to the Arbitration Act [Chapter 7:15] which provides for the power of the court to set aside an arbitral award if it is against the public policy of Zimbabwe. The first respondent opposed the application and prayed for its dismissal with costs. The second and third respondents are the arbitrators whose arbitral... More
On 7 June 2019 the appellant was arraigned at Mutare Magistrates Court facing a charge of “unlawful dealing in or possession of precious stones” in contravention of s 3 (1) of the Precious Stones Act [Chapter 21:06]. The state alleged that on 25 December 2018 and at Sakubva Bus Terminus, Birchnough – Mutare Road, the appellant and one Kumbirai Karani, unlawfully dealt in or possessed 5 pieces of diamonds weighing 14, 80 carats and valued at $1 267-17 without being exempted in terms of the said Act. At the close of the state case Kumbirai Karani was discharged, the appellant... More
This is an application for condonation of the late noting of an application for review. Applicant seeks a review of the decision of the Master of the High Court to confirm the first and final liquidation and distribution account in the estate of the late ThembinkosiSibindi DRB 346/17 handed down at Bulawayo on 14 November 2014.
The applicant avers that she was customarily married to the late ThembinkosiSibindi without knowledge that he was already married. That together they acquired stand No. 5 York Road Hillside in Bulawayo and that she personally contributed $23 000 USD being USD $15 000 for... More
This is an application filed by applicant in terms of s.196 of The Customs and Excise Act [Chapter 23:02] as well as ss 3 (1) and 4 (1) of the Administrative Justice Act [Chapter 10:28] where applicant seeks the following order:
“IT IS HEREBY ORDERED THAT.
1. The decision made by the second respondent confirming the decision of forfeiture of motor vehicle namely Man 81.08 Rigid truck Registration Number AFH 5315, Chasis Number WMAH18ZZ07093662 be and is hereby set aside.
2. The respondent s are hereby ordered to release the Man 81.08 Rigid Truck Registration Number AFH 5315, Chasis Number... More
A short judgment in this application is considered necessary in order to clear confusion which may arise on account of the orders which I shall make. It is therefore necessary to give a brief background to this application.
The two applicants were jointly charged with two counts of the offence of stock theft as defined in s 114 of the Criminal Law (Codification & Reform), Act [Chapter 9:23]. They were each convicted as charged on 13 February 2015 by the magistrate sitting at Guruve Magistrates Court. The applicants were sentenced on the first count to 16 years imprisonment each with... More
This is an appeal against the whole judgment of the High Court handed down on 28 April 2021 under judgment HH 211/21 in which the court a quo confirmed the forfeiture of the appellant’s mining block registered under registration certificate number 18132, also known as Mirage 3 situate at Kwekwe Mining District of the Midlands.
At the close of submissions we delivered an ex tempore judgment and allowed the appeal with costs. The parties have requested that they be furnished with written reasons for our judgment. More
This is an Application for Registration of an Arbitral award in terms of article 35 of the Arbitration Act [Chapter 7: 1 5] as read with Rule 50 of the High Court Rules SI 202/ 2021.Applicant seeks an Order More
At the hearing of this matter a preliminary issue was raised that the Appellant’s legal practitioners had failed to file Heads of Arguments timeously in terms of Rule 19 of the Labour Court Rules.
The Appellant argued that the operation of the bar is not automatic. It was submitted in this regard that
“The Appellant argues firstly that there is no provision in the Labour Court rules which is to the effect that a party who has not filed its Heads of Argument timeously is barred from being heard on the merits”. More
At the hearing of this matter I upheld two points in limine and struck the matter off the roll. These are the detailed reasons for that decision.
On 4 November 2013 appellant noted an appeal against the interim award of the Arbitrator P Bvumbe and the main award. Though the grounds of appeal indicate that these awards were served on the appellant on 4 October 2013 they were actually served on different dates. The first award which is marked “A” was received by appellant’s legal practitioners on 26 July 2012 having been issued on 21 July 2012. The second award... More
The parties to these matters requested that they be consolidated, that is, the appeal, the review and the cross- appeal. The Court acceded to the request. More
This is an urgent chamber application in terms of which the applicant Fidelity Life Assurance of Zimbabwe Limited hereinafter referred to as Fidelity seeks a provisional order whose terms of the final order sought and interim relief granted are as follows:
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:
1. That a final interdict barring respondent from carrying out developments and construction activities on the property being a certain piece of land situate in the District of Salisbury being the remaining extent... More
This is an urgent chamber application for what Applicant termed Interim Relief andUrgent Hearing. This follows an arbitral determination dating back to 21 February 2007, which awarded the Respondent reinstatement and back pay and benefits totaling ZWD$22 352 000.00. This was followed by another award dated 17 September 2013 which ordered that the amount awarded be converted to United States dollars using the exchange rate of the Reserve Bank of Zimbabwe prevailing at the date of the award i.e. 22 February 2007. It was also ordered that Applicant pays Respondent US$16 000.00 as damages in lieu of reinstatement. More
On 4 July 2016 the applicants failed to attend court at 0900 hours, resulting in the court granting default judgement in HC 12306/15 in the following;
“1. That the judgement debt capital sums and interest owing to the first respondent from the first applicant and the second applicant in terms of judgments HC 2572/11, HC 2004/11, HC 2005/11 and HC 2005/11 be and are hereby declared settled in full. More
This is an application for an order joining the second respondent as a party to the proceedings launched by the applicant by summons action in case No. HC 9536/11. The basis of the application is that the second respondent has a substantial interest in those proceedings and may be affected by the decision made in that matter. More
