This appeal involves the sale of a motor vehicle gone wrong. After the sale of the motor vehicle some two years later it was seized by ZIMRA officials resulting in the buyer approaching the Magistrates court seeking reimbursement of the sale price and related relief. The seller counter claimed for the sum of US$2 500 which had been given to the buyer for payment of duty. The court a quo found for the buyer dismissed the counter claim. The seller is unhappy about this resolution and filed this appeal. More
In an appeal to this court the respondent raised points in limine mainly to the effect that the appeal before the court was improperly before it. This is so taking into account the fact that the appellant changed the appeal grounds that she used when she lodged her application for condonation of late filing of appeal. Rule 22(2) Labour Court rules makes it clear that the condonation application shall have the draft notice attached to it. The essence in so attaching the draft is for the court to be able to glean whether or not it is a merited appeal... More
The applicant appeared before the Magistrate sitting at Chinhoyi Court charged jointly with six other accused persons facing three counts of robbery and one count of theft from a motor vehicle in contravention of s126 (1) (a) and s113 of the Criminal Law (Codification and Reform Act ), [Chapter 9:23] respectively. The applicant was acquitted on the first count and convicted on two counts of robbery and theft from a motor vehicle. The applicant was cited as the seventh accused person. More
This is an appeal against the conviction of the appellant on one count of rape by the Regional Magistrates Court, sitting at Bindura. The appellant, who was legally unrepresented, pleaded not guilty to the charge. He was convicted and sentenced to a term of 8 years imprisonment of which a period of 2 years was suspended on condition of good behaviour. More
The facts that gave rise to this dispute are as follows:
In January 2010 the first applicant Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour. In November 2010, the first applicant then entered into an agreement of sale with the second applicant Salatiel Nhubu regarding this property. More
This is an appeal against the entire judgment of a Magistrate sitting at Mutare where the court a quo convicted the two appellants of contravening s 45 (1)(b) as read with s 128 of Parks and Wildlife Act [Chapter 2014] as read with s 2 of Statutory Instrument 71 of 2002. The two appellants were sentenced to the mandatory 9 years imprisonment. They appealed against both conviction and sentence. The appeal is opposed by the state. More
The brief facts are that Appellant was employed by the Respondent as a forester. His duties involved raising invoices on work done. Appellant raised invoices for work which was either not done at all or if done not properly done. Invoices were raised and paid for work allegedly done on compartment 045. In reality no work was done on that compartment. He also raised invoices for work done on compartment number Nyr108 when certain corrections needed to be done on that compartment. Invoices were only to be raised on satisfactory completion of work done. As a result Appellant was charged... More
This is an appeal against the decision of the Harare magistrate’s Court in terms of which the appellant was denied bail. Appellant was charged with unlawful entry into premises in aggravating circumstances as defined in s 131 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] as read with s 131 (2) (e) of the said Act. The allegations were that on the 13th October 2020 the appellant unlawfully intentionally and without authority from Mahmud (complainant) entered using duplicate keys to open the locked warehouse and stole property therefrom consisting of coffee mugs, dinner plates, water glasses,... More
This application was placed before the court as an urgent court application in terms of the proviso to r 59(6), as read with r 65(8) of the High Court Rules, 2021. The timelines within which further pleadings were to be filed were truncated in terms of the proviso to r 59(6). More
The factual background of this matter is generally common cause. It is this:-
- that Appellant was engaged on a renewable 3 month fixed term contract. After every 3 months the contract will be renewed.
- that upon its termination on 31st July 2011 Appellant had been in Respondent’s employ for 11 continuous years on the same terms and conditions of 3 months fixed term contracts.
- that Appellant was given a verbal 5 minutes notice of termination.
Aggrieved by the Respondent’s non-renewal of
his contract, Appellant approached the Designated Agent (D/A) who issued a certificate of no settlement. More
The delay in handing down this judgment is regretted. This is more so in light of the fact that this dispute is a labour matter which has remained unresolved since 2016. More
On 14 May 1983 the applicant and the respondent were happily joined in holy matrimony as husband and wife. On 21 April 2004 that union was brought to an end by virtue of a decree of divorce granted by this court at the applicant’s instance. In granting the decree of divorce the court also dealt with other ancillary issues as between the parties such as the custody of the minor children of the marriage, access by the non custodian parent, maintenance requirements for the children and the distribution of both the movable and immovable property that the couple had acquired... More
On 6 March, 2008 Khaled Kassim Joosab (“Joosab”), the first respondent herein, leased his property, Number 4, 19 Robert Mugabe Street, Rusape (“the property”) to the applicant, one Gladys Svosve (“Gladys”). The lease which Joosab and Gladys signed was to endure for one full year. Gladys was to pay a monthly rental of ZWL$2 200 000 000 for her occupation and use of the property. More
