Thirty one bags of sugar soured the relationship between the plaintiff and the defendant to such an extent that on 11 April 2007, the plaintiff issued summons against the defendant claiming delivery of the thirty one bags or alternatively, payment of the market value of the sugar as at the date of judgment, together with interest thereon at the prescribed rate from the date of the failed delivery to date of payment in full and costs of suit.
The facts leading to this suit are largely common cause. More
At the conclusion of the hearing of this matter, l delivered an ex temporae judgment. The applicant has requested for the reasons of the judgment. These are they.
The applicant approached this court seeking an order in the following terms:
“1. The respondent shall make available for inspection, by the Applicant’s legal practitioner in terms of Order 24 of the High Court Rules, the documents requested in the notice to produce documents for inspection filed under case No. H.C. 4372/15, within five days of the date of service of this order upon the Respondent.
2. The Respondent shall pay the... More
This is an appeal from an arbitral award. At the onset of the proceedings counsel for the Respondent raised a point in limine that there is no appeal before this court. He submitted that an appeal to this court in matters of this nature lies on a point of law in terms of Section 98(10) of the Labour Act (Chapter 28:01). Counsel for the Respondent submitted that the grounds of appeal as raised by the Respondent raises no points of law and the matter should be struck off the roll. More
This appeal involves the sale of a motor vehicle gone wrong. After the sale of the motor vehicle some two years later it was seized by ZIMRA officials resulting in the buyer approaching the Magistrates court seeking reimbursement of the sale price and related relief. The seller counter claimed for the sum of US$2 500 which had been given to the buyer for payment of duty. The court a quo found for the buyer dismissed the counter claim. The seller is unhappy about this resolution and filed this appeal. More
In an appeal to this court the respondent raised points in limine mainly to the effect that the appeal before the court was improperly before it. This is so taking into account the fact that the appellant changed the appeal grounds that she used when she lodged her application for condonation of late filing of appeal. Rule 22(2) Labour Court rules makes it clear that the condonation application shall have the draft notice attached to it. The essence in so attaching the draft is for the court to be able to glean whether or not it is a merited appeal... More
The applicant appeared before the Magistrate sitting at Chinhoyi Court charged jointly with six other accused persons facing three counts of robbery and one count of theft from a motor vehicle in contravention of s126 (1) (a) and s113 of the Criminal Law (Codification and Reform Act ), [Chapter 9:23] respectively. The applicant was acquitted on the first count and convicted on two counts of robbery and theft from a motor vehicle. The applicant was cited as the seventh accused person. More
This is an appeal against the conviction of the appellant on one count of rape by the Regional Magistrates Court, sitting at Bindura. The appellant, who was legally unrepresented, pleaded not guilty to the charge. He was convicted and sentenced to a term of 8 years imprisonment of which a period of 2 years was suspended on condition of good behaviour. More
The facts that gave rise to this dispute are as follows:
In January 2010 the first applicant Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour. In November 2010, the first applicant then entered into an agreement of sale with the second applicant Salatiel Nhubu regarding this property. More
This is an appeal against the entire judgment of a Magistrate sitting at Mutare where the court a quo convicted the two appellants of contravening s 45 (1)(b) as read with s 128 of Parks and Wildlife Act [Chapter 2014] as read with s 2 of Statutory Instrument 71 of 2002. The two appellants were sentenced to the mandatory 9 years imprisonment. They appealed against both conviction and sentence. The appeal is opposed by the state. More
The brief facts are that Appellant was employed by the Respondent as a forester. His duties involved raising invoices on work done. Appellant raised invoices for work which was either not done at all or if done not properly done. Invoices were raised and paid for work allegedly done on compartment 045. In reality no work was done on that compartment. He also raised invoices for work done on compartment number Nyr108 when certain corrections needed to be done on that compartment. Invoices were only to be raised on satisfactory completion of work done. As a result Appellant was charged... More
This is an appeal against the decision of the Harare magistrate’s Court in terms of which the appellant was denied bail. Appellant was charged with unlawful entry into premises in aggravating circumstances as defined in s 131 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 131 (2) (e) of the said Act. The allegations were that on the 13th October 2020 the appellant unlawfully intentionally and without authority from Mahmud (complainant) entered using duplicate keys to open the locked warehouse and stole property therefrom consisting of coffee mugs, dinner plates, water glasses,... More
This application was placed before the court as an urgent court application in terms of the proviso to r 59(6), as read with r 65(8) of the High Court Rules, 2021. The timelines within which further pleadings were to be filed were truncated in terms of the proviso to r 59(6). More
