This is an appeal against the decision of the High Court handed down on 23 September 2017. In the judgment, the court a quo refused to grant an interdict as sought by the appellant but instead granted certain relief, which relief the appellant contends was not prayed for by either party. More
The High Court has seen an increase in cases involving legal battles over control of church shrines, assets and even congregants. Leadership battles have often turned violent in certain instances. More
Before me are three matters which were consolidated by agreement of the parties so that they could be heard and determined at the same time. The first was an application for rescission of a default judgment obtained by the first and second respondents against the applicant under HC 1769/23. The order obtained in default was for the exhumation of the remains of the late Madzibaba Johanne Masowe to be exhumed from a shrine belonging to the applicant. Also as part of the consolidated records was an urgent chamber application by the applicant for stay of execution of order granted in... More
This is a chamber application for condonation and extension of time within which to file an application for leave to note an appeal against the decision of the Supreme Court under judgment number SC 89/20. The instant application was made pursuant to r 35 of the Constitutional Court Rules 2016. The applicant craves the grant of his application, with no order as to costs. More
This is an appeal against part of the judgment of the High Court, upholding the respondent’s claim of a 50 per cent share of an immoveable property registered in the appellant’s name pursuant to the distribution of property upon divorce. More
On 23 November 2016, in an action based on two alleged oral contracts, the High Court found in favour of the respondent and ordered the appellant to pay to the respondent with costs, the sums of CAD$89 810, US$17 477.00 and CAD$ 1 400 .00. This is an appeal against that order. More
After a full trial, the High Court made an order for the eviction of the appellant, and
all claiming through her, from premises known as 8916 Hwiramiti Street,
Chesvingo Suburb, Masvingo and for payment of arrear rentals in the sum of
$14 000 as well as holding over damages in the sum of $6,67 per day. The court
further ordered payment of interest at the prescribed rate together with costs of suit.
This appeal is against that order. More
This is an appeal against the decision of the respondent employer’s disciplinary committee which found appellant employee guilty of misconduct and penalised her with dismissal. More
This is an application for leave to appeal to the Supreme Court. The law on leave to appeal is settled. See CMED v Dombodzvuku SC 31-12.. A reading of the grounds of the intended appeal shows that applicants seeks to impugn the findings of fact by the court aquo that there was nothing remiss of the disciplinary committees conclusion that the employee was guilty since she favoured the committee with conflicting medical certificates on the same issue thus casting aspersions on the authenticity of same. More
The plaintiff is an avowed money lender whose business is to lend money to members of the public at an interest of 30% per month. She is not registered as such. She has sued the defendant for payment of a sum of $4 296-00 together with interest at the prescribed rate and costs of suit. More
The Appellant was employed by the Respondent as a revenue specialist based at Harare Port. Following a discovery that she had received gifts from Respondent’s clients she was charged in terms of Respondent’s Code of Conduct. Appellant was charged with a charge D17 alternatively D25 of the said Code of Conduct. The disciplinary committee found the Appellant not liable for the charge under D17 but found her liable under D25 of the Code. Appellant appealed to the Appeals Committee. The appeal was unsuccessful. She then noted an appeal against the appeals committee’s decision to this Court. More
On 28 August 2020, the plaintiffs issued summons against the first defendant. The action arose out of an alleged breach of an agreement of sale of immovable property and mortgage facilities concluded between each of the plaintiffs and the first defendant. More
On 8 September, 2010 I erroneously granted an order, following a chamber application, registering an arbitral award in favour of the applicant against the Ministry of Finance as if the correct respondent was Smallholder Micro-Irrigation Development Support Programme (“the Programme”). The Programme is donor-funded by the European Development Fund.
Subsequent to the registration of the arbitral award, it was brought to my attention via my sister judge – Gowora J – who had dealt with an urgent chamber application by the Programme to stay the sale in execution of the Programme’s motor vehicles which had been attached pursuant to the... More
On 4th April 2016 at Harare, Arbitrator S Mugumisi issued an arbitration award. He dismissed the appellants’ claims against the respondent for an increase of their retrenchment packages. The appellants then appealed to this court. The respondent opposed the appeal. More
