This is an appeal against sentence. The appellant was convicted of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act[Cap9:23] by a Harare Regional Court and was sentenced to 36 months imprisonment of which 10 months imprisonment was suspended for 5 years on the usual conditions of future good behaviour. He remained with an effective sentence of 26 months imprisonment. The facts are that the appellant who was employed as a driver at Marase Estate was tasked to supervise a group of women who were collecting firewood in exchange for services they had rendered... More
This is a claim against the defendants, jointly and severally, the one paying and the other being absolved, for payment of an amount of USD1 242 778 plus 5% per annum on the said amount calculated from 1 January 2015 until full and final settlement, together with costs of suit on a legal practitioner and client scale. More
This is an opposed application for the joinder of the second and third respondents, brought in terms of rule 32 of the High Court rules, 2021. The second and third respondents did not oppose the application. Most of the facts and background to this dispute are not in contention. It suffices to note that, the first respondent is the applicant in suit HC 2741/14, in which the applicants, herein are the respondents. It is the same case in which the applicants seek the joinder of the said respondents. Central to the dispute in case HC 2741/14 is property 69 Glenara... More
This matter was set down as an appeal at the instance of the appellant employer against an arbitral award made by the arbitrator in favour of the respondent employee. More
: This is an application for absolution from the instance..
The plaintiff in short seeks an order that defendants vacate the remaining extent of Lot `B` Lower Rangemore, Umguza being the property of the plaintiff who is the registered owner of the of the property (rei vindication).
The defendants have claimed that they have authority to occupy the property for mining purposes although they do not deny plaintiff’s ownership of the land.
At the close of the plaintiff`s case the defendants made an application for absolution from the instance. More
1. This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
i. That the 1st respondent shall cease and desist all mining and blasting activities on property known as Lot B Lower Rangermore held Title Deed No. 1490/2005 as described in DT 2596/73.
ii. That the 1st respondent is hereby directed to remove all equipment from the property known as Lot B Lower Rangemore held under... More
Plaintiff issued summons against the defendant and prayed for judgement for the following;
(i) An order that defendant immediately vacates the remaining extent of Lot “B” Lower Rangemore, Umguza.
(ii) That failing (i) above the Sheriff of Zimbabwe or his lawful deputy shall evict the defendant from the Remaining Extent of Lot “B” Lower Rangemore, Umguza.
(iii) Costs of suit.
For all intents and purposes therefore, the plaintiff’s claim was an Action rei Vindicatio. It is well settled law that occupation or possession of an owner’s property by another person is prima facie wrongful. All that the plaintiff needs to... More
First applicant is the owner and holder of title in respect of certain piece of land being stand 1584 Que Que Township situate in the District of Que Que in extent 5, 3267 hectares (hereinafter referred to as the property) The 1st respondent issued summons under HC 1799/16 on the 3rd of October 2016 seeking the following relief:
“a. An order compelling 1st and 2nd applicants to stop selling residential stands on 1st respondent’s claims namely Chicago registration number G3041, Orion registration number 7718, November registration number 4177 and Phoenix West parallel registration number B479.
b. An order compelling second... More
We heard this appeal on 9 July 2020 and struck it off the roll with costs in an ex-tempore judgment. We hereby furnish the written judgment as requested. More
On 28 December 2017, the respondent’s Commissioner General (“the Commissioner”) disallowed the appellant’s objection to a number of VAT assessments made against it for the years 2015-2016 totalling US$206 880. This is an appeal against that decision and it is brought in terms of S 33 of the Value Added Tax Act [Chapter 23:12] (“the Act”). The appellant contends that the Respondent wrongfully decided that the appellant should account for VAT at the standard rate of 15% on services rendered to non-resident organizations, namely, foreign domiciled donor organizations implementing development projects in Zimbabwe with the assistance of the appellant. The... More
This is an application for condonation of late filing of an application for review. On 9 October 2015 the applicant noted an appeal against an arbitrator’s decision. The appeal was challenging procedural issues. On 18 March 2016 the appeal was dismissed. On 24 March 2016 the applicant filed the present application.
The applicant states that six months delay is not inordinate. He also states that the labour officer has no jurisdiction in the matter and if condonation is not granted it will be tantamount to allowing an unlawful act to stand. The applicant avers that there will be no prejudice... More
The plaintiff and the defendant were married at Harare on 5 September 1998. Two daughters were born of the marriage. These were born in 2001 and 2004 respectively. On 31 January 2007, the plaintiff issued summons praying for a decree of divorce to issue on the grounds that his relationship with the defendant had broken down to such an extent that there is no possibility of reconciliation. More
The applicant sought the following relief by way of urgent chamber application, that:
“1 The Second Respondent and all those holding occupation under him be and are hereby interdicted and prevented from in any manner whatsoever;
a) Interfering with the Applicants’ (sic) normal farming operations on Mwonga Farm including the grading, baling and selling of tobacco;
b) Interfering with the Applicants’ (sic) manager, workers and invitees rights of access to the farm and all improvements, facilities and residences thereon;
c) Interfering with the Applicants’ (sic) intention and conduct in using, moving or dealing with its equipment as it deems fit... More
On 22nd June 2015 at Harare Arbitrator N.K. Nhimba issued an arbitration award. He dismissed Appellants complaints about the non-renewal of their contracts by Respondent, Appellants then appealed to this Court. Respondent opposed the appeal. More
