This is an application for a prohibitory interdict against the respondents. The salient facts of the matter are that the applicant entered into a written housing off-take agreement (the contract) with the second respondent, National Social Security Authority (NSSA) on 14 July 2017 in terms of which the applicant was the developer and the second respondent was the beneficiary. The applicant as the developer was to acquire land and construct 8000 housing units with the second respondent being an off-taker of all the housing units in question. Put differently, the applicant agreed to sell to NSSA and NSSA agreed to... More
This is an application for bail pending trial. Both applicants are being charged with an offence of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and the application is opposed by the state. More
The appellant is a teacher who at the time of dispute was based at Diggleford Primary School. Following allegations of misconduct that he solicited for a bribe and conducted extra lessons he was charged for misconduct. He was found liable on the second charge that he conducted extra lessons and not liable on the first charge. A penalty of $200, a transfer to Mudzi District and a reprimand was imposed.
The appellant appealed against the penalty.
According to the appellant the penalty was excessive considering the gravity of the offence and the circumstance it was committed. More
The plaintiff is a businessmen and a director of a number of private companies operating in Zimbabwe, South Africa and Hong Kong. For quite sometime he has been operating his various businesses in partnership with the defendants who are Chinese nationals. More
The brief facts of the matter are that the Applicant was employed by the Respondent as a Finance Manager. The Applicant was eventually charged with serious misconduct in terms of section 4 (a) of the Labour (National Employment Code of Conduct) Regulations SI 15 of 2006. It was alleged that he committed various acts of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his employment. A disciplinary hearing was conducted, he was found guilty and dismissed from employment. The charges are as follows: More
The applicant filed an urgent chamber application on 9 June 2021 seeking the release of his consignment of abalone fish which the respondent seized on 27 May 2021 under Notice of Seizure Number 032789L, and an Atego Rigid Truck, Registration Number JR94CCGP held under Notice of Seizure Number 032788L, which was carrying the abalone consignment. The aforesaid notices also, informed the applicant that the Commissioner General, Customs and Excise, in terms of s 193 of the Customs and Excise Act [Chapter 23:02], may inter aliarelease the goods from seizure or declare them to be forfeited.Additionally, both notices bore on their... More
The plaintiff and defendant were married to each other on the 11th of October 2002.
The marriage still subsists. There is one minor child of the marriage namely Tinotenda Timburwa a boy born on 9 November 2005. Both parties agree that the marriage relationship has irretrievably broken down. They agreed on all issues save for the redistribution of the matrimonial home namely stand number 16631 Cowdray Park, Bulawayo. More
This is an urgent application wherein the applicants seek the following relief:-
“1. The applicants be and are hereby authorised, directed and empowered to execute the judgment under Case Number 6257/11 notwithstanding the appeal noted against that judgment by the respondents.
2. The first and second respondents be and are hereby restrained from vandalizing and or removing fixed assets on the land including electrical installations, water irrigation pipes and dwelling houses.
3. The Sheriff or his lawful Deputy be and is hereby directed, empowered and authorised to execute the eviction of the first and second respondents from the whole of... More
This is an application for rescission of a judgement in matter no. HC 13997/12 granted on 16 January 2013 by this court. The dispute grew out of a lease agreement under which certain disputed amounts for rates, water and electricity and arrear rentals remained owing by the applicant as lessee, to the respondent, Stonler Systems as lessor. The respondent issued summons for the recovery of monies owing and for the eviction of the applicant from the premises where he was running a restaurant. The lessee having failed to enter an appearance to defend, the respondent as lessor obtained a default... More
Applicant seeks the rescission of a judgment of this court, per MANGOTA J, taken in default on 22 March 2022 in case number HC 3823/21. (This order was subsequently amended to address patent errors on 12 April 2022). The judgment related to a dispute over a piece of land located in Chitungwiza. Case number HC 3823/21 commenced as an urgent application resulting in an interim order on 20 July 2021 per CHITAPI J. The order issued (a) certain case management directions to the parties, (b) instructed third respondent to furnish a reportion the piece of land in question and (c),... More
BHUNU JA: This is an application for condonation of late filing of application for leave to appeal by an unrepresented applicant.
The background to the application is that the applicant was employed by the respondent as a Delicatessen Assistant. She was dismissed from employment on allegations of theft. She is alleged to have stolen a bottle of mayonnaise and hid it in her underpants on 3 November 2009.
The Disciplinary Committee found her guilty as charged and ordered her dismissal from employment. She unsuccessfully appealed all the way to the Labour Court. Her application for leave to appeal to this... More
This chamber application was referred to the opposed roll following the filing of opposing papers by the respondent. The application is for registration of a Labour Court order made in favour of the applicant on 13 June 2017 in case No. LC/H/432/17. In terms thereof, the Labour Court decreed as follows;
“1. The Draft Ruling of Nhandara N.O. dated 7 March 2016 be and is hereby confirmed.
2. Respondent be and is hereby ordered to pay Humphrey Chikombero the sum of
$10 533.53 with effect from 30 days from the date of this order.”
The application is made in terms... More
The applicants are Chinese nationals resident in Hong Kong who are seeking an order for stay of execution of a judgment obtained against them in default by the first respondent, another Chinese national, on 23 September 2013 in terms of which they were ordered, jointly and severally, theone paying the others to be absolved, to pay the first respondent the sum of US$12 million together with interest at the prescribed rate and costs of suit, being damages for malicious prosecution. They have since filed an application for the rescission of that judgement in HC8709/13 which application is yet to be... More
On 23 February 2021, the applicant filed this urgent chamber application seeking relief set out in the draft provisional order as follows:
“FINAL ORDER SOUGHT
That you show cause why an order should not be made as follows;
1. The provisional order be and is hereby confirmed.
2. The Registrar of this Honourable Court be and is hereby directed to set down for hearing the anti-dissipation application in case HC 7094/20 on the next available date on the roll.
3. The Respondent shall bear the costs of this application on an attorney and client scale.
INTERIM RELIEF SOUGHT
1. Pending... More
