1. This is an appeal against the decision of the High Court handed down under HH 253/16 wherein the court a quo found the appellant liable to pay to the respondent the sum of US$847 847.65 together with costs of suit and interest at the prescribed rate from the date of the granting of the judgment to the date of payment in full. The appellant is a statutory corporation set up in terms of the Infrastructure Development Bank of Zimbabwe Act [Chapter 24:14] (“the IDBZ Act”). The respondent is an oil company registered in accordance with the Companies Act [Chapter... More
TAKUVA J: Plaintiff issued summons against both defendants on 25 June 2010. Plaintiff’s claim is for;
(a) An order that the defendant pays an amount of US 37 700-00.
(b) An order that defendant pays interest on the amount demanded in (a) above at the prescribed rate from date of summons until the amount has been paid in full.
(c) An order that defendant pay costs of suit.
Subsequently by consent of the defendants, plaintiffs amended their summons to read as follows;
(a) Defendants jointly and severally one paying the other being absolved an amount of US 66 702-00.
(b)... More
This is an appeal against the whole judgment of the High Court handed down on 26 July 2017 which judgment disposed of two cases, namely HC 8193/14 and HC 8866/14, which had been consolidated. The former was a summons action instituted by the second respondent for the eviction of the appellant from a property known as Stand 102 Logan Park Township of Lot 6A, Hatfield, Harare (the property). The latter was an action by the appellant for the cancellation of both the sale and transfer of the property to the second respondent. More
The plaintiffs are a married couple, so too are the defendants. The two sets of couples are locked in a dispute over the financial implications of the demise of their short-lived business partnership. The business partnership which came into existence sometime in July 2020 went into a tailspin barely three months into its life before collapsing entirely. As between them the parties had two business concerns comprising a hardware store and a baby supplies shop.
The causes of the demise of the partnership are yet contested, suffice it to say that in the immediate aftermath thereof, the plaintiff’s instituted the... More
This is an appeal against bail refusal.
The appellant is appearing before the magistrates court at Harare facing a charge of money laundering as defined in s 8(2) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24].
The allegations are these. On 8 October 2021 the appellant, acting in connivance with one Paminus Mutengo (Mutengo) opened two visa card accounts at separate branches of Banc ABC in Harare. He opened the accounts in his own name whereupon he furnished the account details, the personal identification numbers as well as handed over the visa cards to Mutengo. More
I dismissed the applicant’s application for bail pending appeal on 2 December, 2016. I indicated that I would provide written reasons for my order. These are they.
The applicant was charged with 5 counts of contravening s 60 A (3) (b) of the Electricity Act, [Chapter 13:19]. He was arraigned before the Regional Magistrate at Bindura Court to answer to the charges More
1. This is an urgent application. This application was filed during vacation. It was first set-down before MOYO J and the Judge directed as follows: that the matter is removed from the roll to enable 1st respondent to file opposing papers no later than 26 April 2022; the matter will then be placed before the next duty judge for set-down; and that the applicant can serve 1st respondent with the notice of set down and file a certificate of service. This matter was then placed before when I assumed my vacation duty. More
Appellant and one Stanley Ndongwe were jointly charged for contravening s 60(1)(a) of the Electricity Act, the allegations in the main charge were that on an unknown date to the public prosecutor during the month of July 2020 and at Muparutsa Business Centre, Honde Valley, one or both of them unlawfully abstracted or diverted electric current or caused electricity current to be abstracted or diverted to the appellant’s grinding mill. Alternatively appellant unlawfully used electricity current at his grinding mill knowing it to have been unlawfully abstracted or diverted. More
This is an appeal following a determination by a designated agent (DA) dismissing the appellant’s claim for constructive dismissal by the respondent.
The appellant was employed by the respondent initially as a demonstrator. He was later elevated to the position of sales representative. The record shows that on 12th December 2022 the respondent made a decision to retrench the appellant More
This is an application for condonation for late noting of appeal. For such an application to succeed, applicant has to;
1) Reasonably explain the delay and
2) Show that he has prospects of success on appeal.
Applicant submitted that he was not aware of the time frame within which to note his appeal. He also submitted that he did not have the financial resources to get in touch with his worker representative. The above reasons do not constitute reasonable explanation for the delay. The Applicant received the determination in November 2011. He failed to file his appeal his appeal within... More
This is an appeal against sentence only. During the appeal hearing, the appellant properly, in our view, abandoned his appeal against conviction because it lacked merit. More
