This is an action for the vindication of the plaintiff’s vehicle.
The salient features of this action may be summarised as follows.The plaintiff is the registered owner of a Toyota Land Cruiser registration no. ACF 1290. The defendant was appointed a nonexecutivechairman of the plaintiff’s board of directors since 2006. He was allocated the above referenced vehicle for his use in July 2011 a month before he was removed from plaintiff’s board. Upon his removal as chairperson, the defendant did not return the motor vehicle and has refused to return the vehicle to the plaintiff. More
The plaintiff sued out summons against the defendant for payment of a sum of USD247 317.50 which the defendant owed it following breach of a contract entered into between the parties. After entering an appearance to defend, the defendant elected to utilize alternatives to pleading available to it and filed a special plea instead of pleading over on the merits. The special plea is based on two grounds, firstly, that the plaintiff, being a company is improperly cited as Hwange Coal Gasification Company only omitting the words (Pvt) Ltd. It is argued that,for that reason, there is therefore no plaintiff... More
After hearing submissions from Respondent’s Counsel, I dismissed the application for review with costs and indicated that my reasons will follow.
These are they.
The application proceeded in terms of Rule 19(3) (b) of this Court’s Rules 59/2006 in that Applicant having failed to file its heads of argument as required in terms of Rule 19 was barred. More
The respondent is a body corporate established in terms of the Revenue Authority Act [Chapter 23:11]. It is an administrative authority responsible for revenue collection, inter alia, in terms of the Income Tax Act [Chapter 23:08] (herein referred to as the Act). More
This is an application for the rescission of the default order under case number LC/H/ORD/611/2018 that was handed down on 20th and 27th June 2018.
The brief facts of the matter are that the Applicant was employed as a Finance Manager on the 1st of July 2017 on a fixed term contract of (1) one year (6) six months. The first two (2) months were the probation period which the employer could terminate on two weeks notice. The contract was terminated on notice just 5 weeks into the contract. Aggrieved by the decision applicant took up the matter to the... More
The first applicant is a nominated parliamentary candidate for the Movement For Democratic Change, the (“MDC”). He will stand for the Goromonzi West House of Assembly constituency seat in Mashonaland East Province. The second applicant is the Movement for Democratic Change a political party which fielded candidates for the presidential, parliamentary, senatorial and local council elections. More
On 2 September 2007 the first applicant, acting as a trustee for a company about to be formed entered into an agreement with one Marie Louise Morris in respect of the sale of an immovable property belonging to the latter. The sale was successfully concluded by the parties thereto. The purchaser of the property was not specifically identified and was referred to as Ian Spence Gray acting as trustee for a company about to be formed. It is common cause that the second applicant was incorporated as a company under the laws of this country on 8 November 2007. The... More
On the 22nd of June 2022 we delivered an ex tempore judgment striking off the roll with costs on the punitive scale, an appeal against the decision of the Magistrates Court sitting at Masvingo (“the court a quo”). The court a quo had granted an application for absolution from the instance in respect of a claim brought by the appellant for the recovery of certain sums of money allegedly owed to it by the respondent. At the written request of the appellant who is a self-actor, we now provide reasons informing the decision to so strike the appeal off the... More
The applicant, a company incorporated in terms of the laws of Zimbabwe, approached this court with a chamberapplication. The application was filed under a certificate of urgency. The summarized facts of the case are that in December 2013 the Mining Commissioner issued a certificate of registration in favour of the 1st respondentwhich is a Mining Syndicate fronted by the 2ndrespondent in respect of mining claims known as Block 41573 Kimberly F (herein ‘Kimberly F’) located in Bindura.
The 2nd,3rd and 4th respondents are members of Time of Hope Mining Syndicate, the 1st respondent in this case. Their connection to this... More
This matter was placed before me as an urgent chamber application during the lockdown period. I directed that the respondent files its notice of opposition and opposing affidavit and that all parties file heads of argument to enable me to make a determination on the papers. More
This is an appeal against a decision by a designated agent (DA) under the Collective Bargaining Agreement for the Catering Industry (CBA Catering). More
The applicant seeks an order compelling the second respondent to sign all documents necessary to cause the transfer of certain 56 pieces of land constituting an aggregate 60 hectares, to the applicant. In the event of the second respondent failing to comply with such order within seven (7) days of it being granted, the applicant wants the Sheriff ordered to sign all documents necessary to achieve that transfer. Additionally, the applicant seeks costs of suit on the legal practitioner and client scale against both respondents. The respondents opposed the application. More
On 13 March 2017, soon after oral submissions, I dismissed for want of urgency, the applicants’ urgent chamber application. It was for an interdict, precisely, a stay of execution pending the determination of some application that was pending before this court under HC 67/17. I gave my reasons ex tempore. But the lawyers for the first and second respondents want them in writing. These are they. More
This is an appeal against a decision by the respondent’s Appeals Committee wherein it confirmed the appellant’s dismissal from respondent’s employment.
The appellant was a revenue specialist. Her duties included ensuring that long distance trucks passing through the Nyamapanda Border Post are proved to have left the country with their goods and are proceeding to a destination outside Zimbabwe. This meant that once the trucks had passed through the Border Post she would advise the Beitbridge Border Post to that effect. The Beitbridge Border Post acted solely on the basis of that communication. The reason is that for the period... More
This is an application for a review of the decision of the Respondent Disciplinary Hearing Committee which found the applicant guilty of contravening the Public Service Regulations SI 1/ 2000.
The brief facts of the case are that applicant who was employed as an immigration officer based at Beitbridge boarder post, used a visa book whose whereabouts could not be accounted for after she had been the last one to use it on 17th August 2009. More
