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
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
