This is an application for condonation of the late filing of a Notice of Appeal. It is which cause that the Applicant didn’t file an affidavit but his legal practitioner did this on his behalf. The first issues raised by Respondent’s counsel is that the legal practitioner, who de… to the Founding Affidavit could not appear on behalf of the Applicant as he assured the complexion of a witness. Mr Chipere attempted to play down the issue. However, it is quite clear that Mr Chipere having sworn to the Founding Affidavit would not proceed to appear on behalf of the... More
1. The plaintiff seeks an eviction order against defendant and all those claiming throughhim from stand Lot 1 of subdivision B of subdivision B of Deneys situate in the district of Gwanda (property). The order is sought on the basis of an alleged unlawful occupation of the property by the defendant. More
On 15 July 2021 this court under Case No. HC 369/20 delivered a judgment by consent obliging the plaintiff to vacate a piece of land identified as subdivision 3 of Cambria farm situate in Masvingo upon the expiration of 6 months’ notice commencing the date of the issuance of the consent order. In return, the defendant was required to compensate the plaintiff for the value of the improvements effected on that property which value was to be determined by Great Zimbabwe Realtors. The evaluation was done and the value of the improvements was given as $30 500. Of that amount... More
This is an application for Review. The question of jurisdiction and prescription have been raised on behalf of the applicant. The sole ground for review is therefore:
“Absence of jurisdiction on part of the Disciplinary Committee on the basis that the matter has prescribed.”
The matter is presently still pending before the respondents. This is so as the applicant raised a preliminary issue that the matter had prescribed and could therefore not be heard by the Disciplinary Committee as this would be in violation of s94 of the Labour Act [Chapter 28:01] (the Act).
The applicant was charged with the... More
The applicants seek an order declaring as unlawful theallotment of certain shares in second respondent by Ettore Pietro Fumia to himself.They also seek an order for costs against the first respondent. The allotment was done on 15 November 1994. This application was filed on 30 June 2011. It is not in dispute that by that date the said Ettore Pietro Fumia had become indisposed and was no longer compos mentis. He has since died and the Executrix, on behalf of the deceased estate, has resisted the present application More
The applicant approached the court through the urgent chamber book on 11 March 2021. The applicant sought the following order.
“TERMS OF THE FINAL ORDER SOUGHT
1. That the decision of the respondents to expel applicant’s son namely Tyrees Knife from school be and is hereby declared null and void and of no force or effect as it was arrived as a result of procedural impropriety.
2. The applicant’s son be and is hereby allowed to remain a student at the 1st respondent while at the same time attending his lessons without any form of hindrances from the respondents.
3.... More
This is an application for Summary Judgment in terms of Order 10 Rule 64 of the Rules of this court. The background of the case is that the applicant who is the plaintiff in the main matter issued summons against the respondent. In his summons, applicant claims the sum of $40 697-19 from the respondent. More
On 24 October 2024 after hearing argument, I dismissed the application for rescission of judgment brought by first to fifth applicants and delivered the reasons thereof ex tempore. A request was made 7 November 2024 for the reasons in writing which reasons I deliver hereunder; - More
The facts of this matter require mentioning with a bit of detail. The applicant and the late Dr Herbert Sylvester Masiyiwa Ushewokunze (“Dr Ushewokunze”) were in a love relationship from 1981 to 1983. Dr Ushewokunze purchased and registered in the applicant’s name three properties (on 16 February 1983), namely: More
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
