The two applications referenced B 152/21 and B 175/21 were consolidated for purposes of hearing because the applicants are co-accused in the case for which they seek to be admitted to bail pending trial. The reference to first and second applicants is for convenience and the applicants are not joined as first and second applicants as such. The first and second applicants are co-charged with alleged accomplices namely Kalvin Musakwa, Tendai Zuze and Trymore Chapika. The first and second applicants were arrested in the early hours of 9 January 2021. They were formally brought before the magistrate at Harare Magistrate... More
The applicant has approached the court seeking to stay execution of an order granted in default under HC 7370/17 pending confirmation or discharge of the provisional order on the return date. More
The background to this application can be summarized as follows:
[3] The applicant was the respondent’s employee since 1993. In 2012 the applicant was dismissed from employment after being charged for being absent from duty without leave and fraud. A disciplinary hearing was conducted in September 2012 after which the applicant was dismissed from employment. More
This application for rescission of judgment was brought under Order 49 r 449 which deals with rescission on the grounds such as, among others, that the order was erroneously sought or erroneously granted in the absence of a party affected by the judgement. More
The first and second applicants, the Mutasas, are husband and wife. Before me, they seek a stay of execution and return of removed goods pursuant to a default judgement in a matter relating to unpaid legal fees for services purportedly rendered by the first respondent, Nyakutombwa & Mugabe legal counsel, a firm of lawyers. More
The applicant and the respondent were married to each other till the 22nd April 2010 when their marriage was dissolved and a decree of divorce granted in case No. HH 74/2010. In granting the decree of divorce court also distributed the assets of the spouses. In the distribution of the assets the applicant was awarded, inter alia, stand number 1120 Prospect Township of Subdivision C of Prospect situate in the district of Salisbury. More
The applicant herein has applied for maintenance pendente lite and contribution towards her costs for divorce in terms of Rule 274 of the High Court Rules, 1971. The parties herein are husband and wife. The parties’ marriage of 36 years has hit turbulent times. This is happening when all the four children born of the marriage are adults. More
This is an appeal against both conviction and sentence. It was triggered by the conviction of the appellants on a charge of theft as defined in s 113(1)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and the sentence of 5 years imprisonment passed on each of them of which a total of 3 years imprisonment was suspended on the usual conditions of good behaviour and restitution to leave an effective sentence of 2 years imprisonment. More
This is an appeal against the refusal of bail. Appellant is facing a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). More
The plaintiff married the late Alexander Mukondiwa in terms of the Marriage Act [Chapter 5:11] in 1987. Prior to his marriage to plaintiff the late Alexander had married the 1st defendant on 1997 and that marriage was solemnized in terms of the then African Marriages Act [Chapter 238] now Customary Marriage Act [Chapter 5:07]. Plaintiff believed this marriage had in fact been formally dissolved. In truth and in fact, it had not. More
This is an application in terms of section 92C of the Labour Act [Chapter28:01] (the Act). The applicant seeks to have this court vary a decision by another Judge of this court.
The background is that the applicant was employed by the respondent and was dismissed in June 2004. After following internal processes unsuccessfully, the applicant appealed against the decision to dismiss him to the Labour court in 2005. The applicant lost his appeal in the Labour court and decided to appeal to the Supreme court. The Supreme court struck offthe appeal from its roll on the basis that the... More
The plaintiff issued summons against the defendants for an order directing that the first and second defendants sign all the transfer papers to facilitate transfer of Stand No. 4306 Fountainbleau Estate into plaintiff’s name upon granting of this order. More
This is a contested application for a declaratory order brought in terms of s 14 of the High Court Act[Chapter 7:06] wherein applicant seeks the following relief:
WHEREUOPN, after reading documents filed or record and hearing counsel More
Plaintiff’s claim against the defendant is in two parts;
Firstly plaintiff claims for payment of $7 789.15 being the value of 14.162 tonnes of wheat sold and delivered to defendant, and $15 500.00 being the value of 30 tonnes of compound fertilisers purchased by plaintiff from defendant which defendant failed to deliver. Secondly the plaintiff sought damages in the sum of $2 790 000.00 for loss of production due to breach of contract by the defendant. More
