The court a quo found in favour of the plaintiff (the respondent herein) and ordered the defendant’s (the appellants herein) to pay accident related damages of $10 000 together with interest from the date of issue of summons. More
This matter concerns the status of adultery damages in Zimbabwe in the 21st century. The main issue is whether or not the common law delictual claim for adultery damages is constitutional or unconstitutional. More
This application was filed as an urgent court application in terms of the s 85(1)(a) of the Constitution of Zimbabwe (the Constitution). The applicant has since June 2020, been appearing as a State witness before the fourth, fifth and sixth respondents in a matter in which certain persons stand charged with perjury and malicious damage to property. From July 2020, the applicant has been appearing as an accused person before the third respondent in a matter in which he faces a charge of fraud. The persons appearing as accused persons in the perjury and malicious damage to property charges are... More
The applicant made a criminal complaint against one Kenneth Raydon Sharpe. The police opened a criminal docket under CR 246-11-18, DR 117- 11-18. When Sharpe was not prosecuted, Applicant instructed his lawyer to write to Respondent urging the Prosecutor General to prosecutor Sharpe. There was no response and the lawyer wrote again requesting a response.
On 19 August 2022, Respondent finally responded advising Applicant to comply with section 16(2) of the Criminal Procedure and Evidence Act [Chapter 9:07] (The Code). Applicant complied with section 16(2) and insisted on being granted the Nolle prosecui certificate. More
This appeal is against the decision of the Concession Magistrates Court which was sitting as an appeal court against the decision of Chief Negomo. In the Chief’s Court the respondent herein had approached the court complaining that appellant was annexing portions of his land and allocating it to other people. The Chief found in the respondent’s favour concluding that he was within the confines of the land that had been allocated to his grandmother and which had passed on to the respondent when his own father died. Displeased with this verdict, the appellant had approached the magistrate court to hear... More
This is an appeal against the decision of the Hearing Officer finding the Appellant guilty of misconduct culminating in his dismissal from employment. The brief facts are that the Appellant was employed as the Acting Chief Executive Officer of Respondent. He also held the post of Head of Finance. This means that he held the two posts simultaneously. An audit was carried out following reports of misconduct. The audit report made certain recommendations amongst of which it was stated that Appellant had failed to discharge his duties both as Head of Finance and Acting Chief Executive Officer and the Board... More
Applicant filed this application seeking a declaratur to the effect that:
1. The Deed of Settlement entered into between the applicant and respondent on 2 October 2018 and filed with the Supreme Court of Zimbabwe be and is hereby declared the only binding deed of settlement between the parties.
2. Consequently, the Deed of Settlement produced by the respondent dated 18 August 2020 be and is hereby declared not a valid document and is set aside.
3. Applicants’ debt arising from the judgment HH 689/16 and the proceedings under SC 273/17 was discharged by the payment of the sum of... More
This is an application for condonation for late filing of an application for review.
Factual Background
The applicant who was employed by the 2nd respondent was charged with Habitual and substantial neglect of his duties in terms of section 4 (g) of Statutory Instrument 15/2006.
He was found guilty and dismissed. His internal appeals were not successful and the matter was eventually referred to a Labour Officer More
Applicant filed an application for condonation of the failure to file an appeal timeously under case number LC/H/157/23. On 13 June 2022, after hearing the parties, the Court proceeded to render an Ex Tempore Judgment on the same date dismissing the application. The Applicant proceeded to file an application for leave to appeal under Case Number LC/H/531/23. This matter was set down for hearing on 27 September 2023. However, Applicant was not in attendance. The application was struck off the off the roll. It is pertinent to note that after the judgment of 13 June 2022, Applicant’s representative requested for... More
The plaintiff is the holder of an offer letter to lease a certain piece of State land, namely subdivision 14, 15 and 19 of Maynard Farm, in the district of Chegutu, Mashonaland West. The offer letter was issued under the hand of the Minister of Lands on 8 June 2007. More
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
This is an appeal against part of a judgment of the High Court (‘court a quo’) handed
down on 13 December 2021 in HH 702/21, in which the court granted the respondent an
order to evict the appellant and all those claiming occupation through him from No. 60
Circular Drive, Burnside, Bulawayo. The court a quo, in the same judgment, dismissed
the appellant’s claim in reconvention seeking a declaratur that the purported
cancellation of the agreement was invalid, that payment of the purchase price to the
conveyancer be declared full performance of the appellant’s obligations under the
agreement and finally... 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
