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On 13 August 2020, the parties appeared before me in an urgent chamber application for stay of execution filed by the applicants. The salient facts are that, on 3 February 2020, the parties appeared before JUSTICE TSANGAunder HC 670/20 after the first respondent filed an urgent chamber application. An interim order was granted with the following operative part: “INTERIM RELIEF SOUGHT That pending the return date, the applicant is granted the following relief: 1. The respondent be and is hereby ordered to within 48 hours of the granting of this order return to the applicant’s possession the following property: (a)... More

Plaintiff and defendant were married on 2 September 1978 under the then Marriage Act [Chapter 5:11] as evidenced by the marriage certificate a copy of which was tendered as an exhibit. The marriage was blessed with three children, Blessing T. Shiriyapenga (born 25 September 1979), Obrian O. Shiriyapenga (born 4 July 1962) and Obey T. Shiriyapenga (born 11 December 1985). On 21 October 2021 plaintiff issued out summons for divorce and ancillary relief. In her declaration she averred that the marriage of the parties has irretrievably broken down and there is no prospect of restoration of a normal marriage relationship... More

Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by the Public Service Regulations S.I. 01/2000 in its section 51 (1) a&b. Respondent opposed the appeal. The grounds of appeal were nine-fold. However some of the grounds raise reviewable issues which cannot be dealt with in this appeal. The remaining grounds of appeal basically challenge the main finding by the disciplinary authority that appellant committed the act of misconduct as charged. The charge laid by the respondent’s letter dated 20th May 2020 was “ Improper and Incompetent performance of duties.” More

This is an application for review in which the applicant is challenging the ruling of the first respondent which dismissed his exception to the criminal charges that he is facing for contravening s 184(1)(c) of the Criminal Law (Codification and Reform) Act (the Code). The ruling was handed down on 21 November 2022. The applicant claims that the ruling was only made available to him on 12 December 2022. More

This is an appeal by Hopewell Chin’ono (the appellant) against the decision by the Provincial Magistrate denying him bail pending trial on the allegations preferred against him in the case CRB HREP 353/2020. The allegations against appellant as reflected in form 242 are that appellant a freelance journalist published a false statement to members of the public during the period between 5 January 2021 and 7 January 2021 through his twitter handle Hopewell Chin’ono @daddyhope alleging that a 9 month old child had been beaten to death by an officer/ member of the Zimbabwe Republic Police when the police officer... More

The applicant was granted bail by myself on application filed under case number B1359/20. The bail was granted on 2 September, 2020. The applicant faces charges of incitement to commit public violence as defined in s 187 (1) (a) as read with s 36(1) (a) and s 36 (a) (b) of the Criminal Law (Codification and Reform) Act. The details of the bail orders which I granted were as follows: “IT IS ORDERED THAT: 1. Accused is granted bail on the following conditions:- 1.1. The conditions of bail imposed on accused in case number CRB ACC 77/2020 shall apply in... More

This is an application for alteration of bail conditions to enable the applicant to uplift his passport from the Clerk of Court so that he is able to travel to South Africa to deliver a keynote address at a journalism event on 14 August 2021 and for the temporary suspension of his reporting conditions for the duration of his 7 day stay in that country. More

This is an application for quantification. The Applicant has given it the title “Quantification for arrear salaries, Benefits and damages in lieu of Reinstatement”. More

Prior to May, 2001 the applicant was the owner of a piece of land which is known as Glebe [“Glebe”]. Glebe is situated in the district of Goromonzi. It is 669.19 hectares in extent. More

The applicant seeks the following relief as per the draft order:- “IT IS ORDERED THAT 1. The applicant be and is hereby declared to be the lawful occupier and owner of portion of the Globe Farm measuring 142,38 hectares held under Deed of Transfer No. 224/96. 2. The offer letters issued to the 2nd, 3rd and 4th respondents by the 1st respondent be and are hereby declared to be unlawful and wrongful and accordingly set aside. 3. The 2nd, 3rd and 4th respondents are declared to be in unlawful occupation of the portion of the Glebe Farm, measuring 142,38 hectares,... More

The applicant issued summons against the respondents seeking an order that 1. 3rd to 5th respondents be ordered to vacate the remaining extent of “The Glebe” measuring 142.38 hectares which was allocated to the applicant; 2. The respondents be ordered to comply with and respect the order of the Administrative Court in case number LA2898/02; 3. The respondents be interdicted from harassing and interfering with the plaintiff and its affairs at “The Glebe” farm; 4. Any other document or authority in relation to the piece of land allocated to the plaintiff and captured in the order of the Administrative Court... More

This is an application in which the applicant seeks the following order: “It is ordered that: 1. The respondent’s suspension letter of the 14th August 2011 be and is hereby declared null and void. 2. The disciplinary hearing held on the 3rd October 2011 and subsequent proceedings be and is (sic) hereby declared null and void and the respondent is hereby barred from further charging and prosecuting the applicant. 3. The respondent be and is hereby ordered to reinstate the applicant without loss of salary and benefits. 4. The respondent shall pay the costs of this application.” More

This matter emanates from a judgment I granted, with costs, in favour of the applicant on 13 September 2017 in HH614/17 (HC9698/17). More

The first applicant is a company duly registered in terms of the laws of Zimbabwe. The second applicant is the Director of the first applicant. More

This is an application for condonation of late filing of an appeal against an arbitral award. Applicant’s manager states in the founding affidavit that the award was handed down on 9 November 2015 but was not received by the applicant until 6 May 2016. He further states that an accountant had misplaced the award and only confessed at the beginning of May 2016. Applicant’s manager avers that there are good prospects of success and that the delay that will be occasioned by this application is minimal but necessary regard being had to the importance of the case. More