This is a claim for the recovery of several sums of money in damages emanating from a horrendous head on collision between a minibus owned by the plaintiff (the commuter omnibus) and a heavy “HOWO” truck (“the HOWO truck”) belonging to the 2nd defendant. Horrendous in that the accident claimed the lives of several people aboard the minibus. The claim is predicated on plaintiff’s assertion that the collision was caused entirely through the negligence of the driver of the HOWO truck. The 1st and 3rd defendants are the driver of the HOWO truck and the 2nd defendant’s insurers respectively. More
The applicant carries on business as a transport operator. During the months of November 2008, December 2008 and January 2009 the applicant availed to its employees fuel coupons and food hampers as part payment of remuneration due to them.
Following an audit of the applicant’s business by the respondent in June 2009, the respondent wrote to the applicant’s accountants contending that the fuel coupons and food vouchers should be treated as remuneration in foreign currency and that PAYE in respect thereof should have been paid by the applicant in foreign currency. The applicant contended that the issuance of fuel coupons... More
The applicant filed a chamber application which she called “chamber application for conversion of court application to an action claim”. In the chamber application she averred as follows:
“Application is hereby made for an order in terms of the order/draft order annexed to this application on the grounds that:
1. Applicant issued a Court Application for a Declaratory Order in case No. HC 303/16 for her rights over stand No. 9162 Whitecliff.
2. 2nd Respondent has filed his notice of Opposition whilst 1st Respondent has not opposed the matter.
3. It is apparent from the papers that the versions of... More
The appellant is seeking the setting aside of an order of the Magistrates’ Court whereby the respondent successfully obtained a downward variation of maintenance set aside. More
The applicant’s property, No. 46 Manningdale, Lot 2 of Lot KN Willsgrove, also known as No. 46 Essexvale, Bulawayo Township was sold in execution of a debt. More
In this application applicants are seeking relief to the effect that-
“1. The allocation and transfer of house no. 20 Creil Road, Southdowns, Gweru to 2nd Respondent under deed of transfer No. 2050/00 be and is hereby declared null and void.
2. House No. 20 Creil Road, Southdowns, Gweru be and is hereby transferred to the Estate Late Rginald Tswakai Griffin Salila.
3. The Executor Dative proceed to draft and lodge the First and Final Administration Account and Distribution Plan in the Estate Late Reginald Tswakai Griffin Salila forthwith.
4. There be no order as to costs.” More
The appellant was charged with 14 counts of fraud and 16 counts of theft. He pleaded not guilty but after a lengthytrial was convicted of all 14 counts of fraud and 2 counts (out of the 16) of theft. More
On 23 May 2012 Applicant filed a chamber application for review of disciplinary hearing proceedings in terms of Rule 16 (1) of this Court’s rules SI 59/2006, as read with Section 97 (1) (d) of the Labour Act [Chapter 28:01]. The main complaint was that on 25/4/12 Applicant had appealed against the decision of the disciplinary committee but the appeal was not heard or determined. Applicant is seeking an order setting aside the disciplinary proceedings, restoration of the status quo and immediate payment of salaries and other benefits. Applicant also prayed for costs of suit. On 18 May 2012 Applicant... More
The applicant is in relentless pursuit of his freedom and has filed this application for bail on the grounds of changed circumstances since 3 December 2020 when I dismissed his application for bail pending trial. More
The brief facts in this matter are as follows. On 29 March 2008, the harmonized presidential, parliamentary and council elections were held in Zimbabwe. Hillary Simbarashe, the petitioner, stood as an independent candidate for the House of Assembly seat in the Mutoko North constituency. The elections were run and conducted by the Zimbabwe Electoral Commission, the 1st respondent. Mabel Chinomona, the 2nd respondent, of the Zimbabwe African National Union (Patriotic Front) ZANU (PF) was one of the candidates who battled it out with the petitioner. On 31 March 2008, she was declared the winner. More
This is an appeal against the judgment of the High Court, sitting as a court of appeal, delivered on 30 November 2016, which dismissed the appellant’s appeal against both conviction and sentence in its entirety. More
This is an urgent chamber application in which the applicant seeks the following order:
“IT IS ORDERED THAT:
1. Respondent shall return the laptops and all documents and files in (sic) unlawfully seized and removed from the applicant’s premises on the 28th of October 2022.
2. The respondent shall bear costs of this application.” More
One of the crucial elements of the new constitutional dispension ushered in by the 2013 Constitution is to make a decisive break from turning a blind eye to constitutional obligations. To achieve this goal, the drafters of the Zimbabwean Constitution Amendment (No.20) Act, 2013 (“the Constitution”) adopted the rule of law and supremacy of the Constitution as some of the core founding values and principles of our constitutional democracy. For this reason, public office bearers ignore their constitutional obligations at their own peril. Left unchecked those clothed with state authority or public power may quite often find the temptation to... More
This is an appeal against the determination of the Respondent’s General Manager. The General Manager upheld the Respondent’s decision that the Appellant was guilty of misconduct in terms of the Transport Industry Code of Conduct. The General Manager then imposed a penalty of dismissal. More
