Gam Plastic (Pvt) Ltd (Gam) is situate at 30 Bristol Road in Workington, Harare. The three respondents collectively hold 50.19% shareholding in Gam. More
The plaintiff sued the defendant claiming $4 777 070 388-00 (old currency) for loss of profits suffered by the plaintiff with interest at the prescribed rate from the date of summons to date of final payment. The defendant denied liability for any loss the plaintiff may have suffered as alleged in the plaintiff’s summons and declaration. More
This is an application for summary judgment in terms of o10 r64 of the High Court Rules 1971. Applicant issued summons under case number HC 1533/16 for the recovery of arrear rentals, eviction of the respondent and all those claiming occupation through the respondent, cancellation of the lease agreement, hold over damages, water charges and costs of suit. The suit arose from repeated breaches of the lease agreement which has expired by the effluxion of time as well an acknowledgment of debt which has not been adhered to. More
The brief background to this matter is that the applicant is in occupation of stand No. 10138 Whitecliff South, Harare by virtue of a lease agreement between her and the third respondent. The lease has been running since 1st December 2012 and it gives the applicant the option to purchase only when the third respondent has valued the property and make an offer to the applicant to purchase. No offer has been made so the applicant cannot exercise any right of option either to accept or refuse. Her status remains than of a lessee. More
This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment. The appellant was dismissed from employment following his conviction on misconduct allegations by the respondent’s Disciplinary Committee.
The appellant was employed by the respondent as a Stores Issuer. In March 2014, he was charged with misconduct, the charge being theft, in terms PART B (4) (d) of the Collective Bargaining Agreement: Mining Industry (Code of Conduct) Statutory Instrument 165 of 1992. It was alleged that he stole 15 litres of petrol by making a deliberateover allocation to the Mine’s... More
The appellant herein issued summons out of the magistrates’ court claiming an order for division of “matrimonial property”. In a document headed “Plaintiff’s Declaration” the plaintiff averred that the parties were customarily married in 1996 and were blessed with three children. He averred that the parties’ union had irretrievably broken down with the parties living separately albeit in the same house. He averred that there were no prospects of a reunion as they were no longer affording each other conjugal rights. He further averred that it would be just and equitable if the listed property acquired during the subsistence of... More
This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”), made in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). More
On 5 June 2015 Arbitrator T Chamisa issued an arbitration award. He ordered respondent to pay appellant a total sum of +US$11 000.00 in respect of back-pay, cash in lieu of leave and damages for loss of employment. Appellant then appealed to this court against the award. Respondent opposed the appeal.
The major bone of contention was the rate (monthly salary) used by the arbitrator to calculate the damages. Appellant stated that his back-pay should be reckoned in two phases. The 1st covers the period January 2013 to May 2014. He stated that in addition to his regular wage he... More
This is an application for condonation for late noting of appeal against the order of this court i.e. Labour Court Order LC/H/ORD/587/2018 dated 20 June 2018. More
On 8 September 2012 Plaintiff and Defendant married each other at Masvingo Sports Club. The marriage was blessed with two children Nathan Magaya, born on 5 July 2014 and Sean Magaya, born on 22 October 2016. On 2 November 2020, Plaintiff issued out summons claiming a decree of divorce and ancillary relief. More
In early October 2002 the two applicants were arrested on a
charge of armed robbery of a motor vehicle. On 14 October 2002 they appeared
before a magistrate and were remanded in custody. In mid-April 2002 the applicants
were indicated for trial before the High Court. Their co-accused, one Fanuel Mkandla
was similarly indicted. More
The applicants are facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. The allegations being that they caused death of the now deceased by striking him all over the body using weapons such as knobkerries chains, booted feet and open hands. The applicants were indicted for trial in the High Court in terms of the Criminal Procedure and Evidence Act for their trial to commence on 23 March 2013. Following the indictment they were removed from bail in terms of section 66 (2) of the Criminal Procedure and Evidence... More
The applicant was convicted by the Magistrates Court Bindura of one count of rape. He was sentenced to an effective term of imprisonment of 12 and half years. He has appealed against the conviction and sentence. In June 2010 he filed an application for bail pending appeal with this court. It was dismissed. At the time the application was filed he was not represented. He has now filed another application for bail pending appeal on the basis of a change in his circumstances. More
After hearing appellant’s legal practitioner on the issue of Respondent’s failure to attend court for this appeal hearing, I directed that the hearing proceeds in terms of Rule 37 (b) of this court’s Rules, Statutory Instrument 150 of 2017. More
