The respondent made an application for summary judgment against the appellant in the Chinhoyi Magistrates Court and obtained judgment on 28 March 2008. The notice of appeal was filed on 3 June 2008. It would appear from a perusal of the record that the learned magistrate issued an ex tempore judgment and gave his written reasons for judgment later. More
This was an application for the setting aside ofan arbitral award made by the third respondent on 6 December 2016.
The application was opposed.
At the hearing of this application this court granted the order as prayed for.
Simultaneously this court was also asked to deal with the application for the registration of the arbitral award made in Case number HC 1054/17.
This court dismissed the application for the registration of the aforesaid arbitral award in terms of Articles 35 and 36 of the Arbitration Act [Chapter 7:15] More
At the hearing of this matter respondent raised a point in limine which is the subject of this judgment.
Appellant noted an appeal on 9 October 2015. The notice of appeal has twenty-four pages. The grounds of appeal are in pages 19 to 24, numbering 9 with each having four or more subsections. In summary, Appellant is aggrieved by
1) failure by the Arbitrator to comply with the Supreme Court Civil Appeal NO SC 129/11 of 28 March 2014;
2) failure by the Arbitrator to comply with the Labour Court Judgment NO. LC/H/541/14 of 15 August 2014 as amended on... More
This is an appeal against part of the judgment of the High Court (the court a quo) dated 14 September 2022. The court a quo ordered the appellant to pay the second respondent the sum of $885 875.00 together with interest thereon at the prescribed rate per annum from 1 October 2010 to the date of full and final payment. It further ordered the second respondent to pay the appellant a sum of $34 454.00 together with interest thereon at the prescribed rate and holding over damages. More
The plaintiff instituted summons against the defendants as far back as 2014 seeking the eviction of the defendants from room 10 at Cutty Sark hotel (the hotel) in Kariba and holding over damages equivalent to the rental of the room. The defendants’ defence is that they derive their right to stay in the plaintiff’s property as they are owed consultancy fees by the plaintiff. The defendants raised a counterclaim for payment of outstanding fees. More
This is an appeal against the whole judgment of the High Court in which the court dismissed the appellant’s application wherein he sought to obtain an order against the respondents for contempt of court coupled with a fine of “$10 000 each per More
The appellant was employed by the respondent as a teacher and stationed at Hanwa Primary School in Mashonaland East Province. He was charged on allegations of contravening paragraphs 1, 2 and 24 of the first schedule (section 2) of the Public Service Regulations (S I 1 of 2000). The grounds upon which the allegations were based were that he absented himself from duty without good cause or permission from 9 January 2010 to 1 March 2010, a total of forty eight days. More
The matter was placed before me as an appeal against an arbitral award wherein the Arbitrator had directed that the Appellant pay the Respondents the total amount of US$33 152.60 n underpayments. The Appellant was seeking the setting aside of the award. The appeal was opposed by the Respondent.
The parties appeared before the court on at least three occasions. On the last two occasions the matter was postponed to enable the parties to engage each other with a view to a possible out of court settlement of the matter. On the 23rd of May 2016 both parties appeared in... More
This appeal arises from the dismissal, in the court a quo, of a summary judgment application in which the appellant and respondent herein were applicant and respondent respectively. The common cause facts are as follows; - on 20 August 2021, the appellant Goromonzi RDC, issued an enforcement order against the respondent Precious Gwande following irregular development activities at Zimbiru Business Centre, Ward 4 Domboshava, a planned area under their authority on which she had constructed an unauthorised structure which she was running as a clinic. The structure included a boundary wall. More
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
