This is a special plea raised by the first and second defendants against the plaintiff’s claim in case HC 7222/11.
At the commencement of the application, the proceedings against the second defendant were by consent of all the parties stayed in terms of s 54 (2) of the Banking Act [Cap 24:20]; it having been placed under curatorship by the Central Bank on 11 June 2012. I proceeded to hear the first defendant’s special plea. More
The parties to this case are embroiled in a contractual dispute. Basically the allegations against the respondent are that he has taken control of farming operations at Inyanga Downs Orchards without the consent of other directors. In its amended draft order the applicant is seeking the restoration of the status quo ante. At the hearing of this application counsel for the respondent raised some points in limine. More
This is an application brought to this court in terms of section 4 (1) of the Administrative Justice Act Chapter 10:28. It is an application to set aside the determination by the Master of the High Court (herein cited as 1st respondent), wherein on 8th of August 2019, she declared the last Will and Testament of the Late Tulli Ndlovu Mathiya as void due to a subsequent customary law union that he contracted with the 2nd respondent, namely Lomangwe Ndiweni. More
This is an application for an order setting aside the decision by the respondent to forfeit the applicant’s 3 trucks and tankers.Sometime in July 2020, the applicant was contracted by an entity called Lopdale Energy (Pvt) Ltd to ferry a consignment of fuel from Mozambique to Zimbabwe. On 17 July 2020, the applicant’s drivers were served with notices of seizure issued against their 3 trucks. More
This is an application for leave to appeal to the Supreme Court. It follows a judgment in which this court had to determine whether the applicant had been properly found guilty of fraud and the propriety of a dismissal penalty imposed on her following disciplinary proceedings. More
The applicant instituted proceedings against the respondents claiming the following order:
"1. The appointment of Cecil Madondo as Executor Dative in the
Estate of the late Stephen Moyo on the 6th October 2004 is set aside.
2. First respondent is directed to appoint applicant as Executor Dative.
3. The costs of this application, if contested shall be paid by the respondents."
On the 3rd of June 2005 the applicant filed a notice of withdrawal on the basis that each party pays its own costs. More
On 11 October 2019 the appellant was convicted of contravening s 53 (2) of the Road Traffic Act [Chapter 13:11] for reckless driving and was sentenced to 2 years imprisonment, in addition he was prohibited from driving commuter omnibuses or heavy vehicles for the rest of his life in term of s 54 (4) (a) (b), further appellant’s licence was cancelled. More
This is an appeal against the decision of a Magistrate refusing the appellant bail pending trial. The applicant faces a charge of stocktheft as defined in section 114 of the Code.
The first ground of appeal is that the learned Magistrate misdirected herself in finding that there were compelling reasons to deny applicant bail due to speculations and unfounded beliefs that if he is released on bail, he is likely to be harmed by the Gwanda Community. The 2nd ground of appeal is that the learned Magistrate misdirected herself by disregarding the fact that applicant is presumed innocent until proven... More
This is an appeal against an arbitral award which was made in favour of the respondent employees. Facts of the matter are that respondents who are in the appellant’s employ went for a period of time without receiving their salaries and allowances as per the industry code of conduct. They are all employed as long distant vehicle drivers by the appellant. Their matter went for conciliation where a certificate of no settlement was issued after the parties failed to reach an agreement. More
TAKUVA J: This is an Urgent Chamber Application for Mandament Van Spolie and Interdict .
Applicant seeks an order in the following terms;
“1. Respondent be and is hereby ordered to immediately restore applicant to peaceful and undisturbed possession of DW61A Tuli Flats Westgate Security Camp, Bulawayo.
2. Respondent be and is hereby ordered to immediately cause their employee who now resides at applicant’s house to vacate the premises and handover all keys and locks to the applicant.
3. The Sheriff of the High Court be and is hereby directed to evict anyone and everyone who does not claim occupation... More
Respondent was in the employ of the appellant as chemicals handler. It is alleged that he took some chemical with the intention of taking out of the company premises. When he discovered that he could not possibly succeed in this endeavour, it is alleged that he spilt the chemical into a hedge close by and approached the security check-point with the empty container which he alleged he wanted to use to collect some water. The respondent was brought before a disciplinary committee which found him guilty and recommended his dismissal. The respondent took his matter to the Labour Officer and... More
The present appeal seeks to determine whether the correct classification of goods for customs purposes was applied in terms of s 87 (3) of the Customs and Excise Act [Chapter 23:02] and s 18 of the Fiscal Appeals Court Act. More
The facts of this matter are common cause. It is not in dispute that on 21 July 2006 at about 11.00 am, the plaintiff was arrested and picked up by two uniformed members of the Zimbabwe Republic Police from his workplace at TPT Transport and Equipment Company in Ardbennie, Harare. He was picked up together with his workmate, one Clement Marioni. They were taken to Southerton Police Station. Upon request by him, the police advised him that he was being treated as a suspect in a case of theft of batteries which had occurred at his workplace. He was only... More
Mr A A Makore who appeared for the respondent indicated that he was no longer representing the respondent and that he had merely attended court out of courtesy and to advise court of his position. He also had not filed a formal notice of renunciation of agency. In any case even if he had hoped to represent the respondent, he was barred by virtue of not having filed heads of arguments in terms of the High Court Rules, 1971 More
: This is an application in which the applicant seeks a provisional order on the following terms – the interim relief as sought reads:
“That pending the determination of this matter the applicants are granted the following relief:
(a) The first respondent is barred from holding out as a holder of a 50% undivided share in a certain piece of land in Hartley called Swallow field of Johannesburg measuring 127.6238 hectares held under deed of transfer number DT 5157/99 pending the return date and finalisation of this matter.
(b) The first respondent is barred from unilaterally dealing in a certain... More
