The plaintiff issued summons claiming damages in the sum of US$752 000-00 from the defendant. The claim arises from a temporary closure of the plaintiff’s mining operations at its mine, Vubachikwe Mine in Gwanda. More
This is an appeal against an arbitral award.
The appellant was initially employed by the respondent as a general hand in October 2001. He was then transferred to respondent’s Pomona Service Station where he worked as a forecourt attendant until 3 March 2011 when the employment relationship was terminated.
It is the respondent’s case that the appellant voluntarily resigned by tendering a resignation letter. More
This is an appeal against the determination of an arbitrator.
Arbitrator was to determine:
(i) Whether or not the employee was brought before a medical board.
(ii) Whether or not the case is now prescribed.
The arbitrator made factual findings on the basis of evidence before him that the Appellant was placed before a Board (Medical) and was advised to report for duty but that he did not do so. Secondly, the Learned Arbitrator made a finding that the dispute [which arose some four (4) years before the matter was brought for resolution] had prescribed. More
This matter concerns an insurance claim arising from an accident involving one of the plaintiff’s motor vehicles. The plaintiff seeks a declaratory order that its insurance cover with the 1st defendant was effective and operational as from 1 January 2009. It further seeks an order for the 1st defendant to meet its claim, submitted on 4 March 2009, within 14 days of judgment. More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 11 June 2020, applicant appeared before the Gwanda Magistrate’s Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain his bail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act)... More
In argument before this court respondent focused on appellant’s failure to exhaust domestic remedies. Appellant did not give a written response to the argument. In his oral submissions he simply stated that he was advised to appeal to this court. As he appeared in person, he was apparently unaware of the requirement to exhaust domestic remedies.
Indeed such remedies are provided for by the National Employment Code enacted as S.I. 15/06. Section 8 of the Code provides for an appeal to an Appeals Officer against the decision of a Disciplinary Committee (DC). Appellant in casu was aggrieved by the decision... More
This is an opposed application for the amendment of the plaintiff’s declaration in the main matter in HC 2048/18. For convenience, the parties shall be referred to as in the main matter, i.e. the applicant as the “plaintiff” and the respondents as the “defendants.” More
This is an application for the eviction of the first, second and third respondents and all those claiming occupation through them from Lot 5 of Merchiston measuring 22.2 hectares held under parent Deed of Transfer number 1355 of 2008 dated 18 March 2008. More
The plaintiff company issued summons against the defendant, a building contractor on 16 February 2011 seeking payment of US$1 340-00 per month hire costs from 1 February 2009 to the date the defendant returns scaffolding equipment and the return or alternatively the value of that equipment in the sum of US$30 777-55. The defendant contested the action. More
MAKONI J: This is an application for leave to execute pending appeal. The background to the matter is that the applicant carries on farming operations at Frogmore Farm in Mazoe (“farm”). The first respondent took occupation of part of the farm on 13 May 2007 on the basis of an offer letter issued to him by the second respondent. The applicant issued summons, out of this court, claiming spoliatory relief. The matter went to a full trial and on 29 July 2009 this court granted the applicant’s claim. On 30 July 2009 the respondent filed a Notice of Appeal to... More
On the 9th of September 2009, the applicant obtained a spoliation order against the 1st respondent, in Case No. HC 3989/09, evicting him from the property in question (Frogmore Farm). On the same day, the 1st respondent appealed against this order in Case No. SC 216/09. Relying on his offer letter from the 2nd respondent and the notice of appeal, he then reoccupied the property on the 15th of September 2009 without the applicant’s consent. The applicant now seeks leave to execute the order in Case No. HC 3989/09 pending appeal. The 1st respondent resists the application on the ground... More
The applicant company is the former owner of a certain piece of land known as Elsinora, situate in the Mazowe district. This property is also known as “D” section of Forrester Estate. It is common cause that this property has been acquired by the Statein terms of s 16B of the Constitution of Zimbabwe. In its founding affidavit sworn to by its Finance Director, PhilimonMugari, the applicant has averred that the property had not been acquired by the State. At the hearing of this application counsel for the respondent Advocate Uriri, conceded that the property had indeed been acquired by... More
The applicant filed an application for a spoliation order. The basis of the application is that on 9 January 2010 the respondent, together with six other men entered into the applicant’s farm and they forcibly dismantled a maize silo. This was without the consent of the applicant neither was there a court order authorizing them to do so. More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
“1. TERMS OF FINAL ORDER SOUGHT
1.1. The provisional order be and is hereby confirmed
1.2. That the respondent shall pay costs of suit.
2. INTERIM RELIEF GRANTED
A “Mandament van spolie” be and is hereby granted restoring the “status quo ante” which prevailed prior to the 1st October 2010 to the respondent’s occupation of a piece of land known as Elsinora, situate in the district of Mazowe, and that such restoration be achieved by the eviction of the respondent, his possessions and all persons... More
This is an application for bail pending appeal. The brief facts are that applicant was charged and convicted of contravening s 70 of the Criminal Law (Codification and Reform) Act [Cap 9:23] and was sentenced to 10 years imprisonment after the court a quo found him to be infected with the HIV virus. The applicant noted an appeal against conviction and sentence. At the bail hearing applicant correctly abandoned the appeal against sentence. More
