This is an appeal against the whole judgment of the Magistrates’ Court sitting in
Victoria Falls, upholding the first respondent’s (“Khayelihle Properties (Private)
Limited”) claim for eviction against the appellant, Mugandwini. Before the court a quo,
the second respondent- Chitonga neither defended the action seeking the eviction of the
appellant, nor participated in this appeal.
[2] For convenience and ease of reference, and where the context permits, the parties shall
be referred to as per their designations in this court or by their n More
On 20 September 2024, I struck the present application from the urgent roll. I am now supplying the reasons for the order of 20 September 2024 upon applicant’s request. More
The applicant is a housing consortium with a membership of eleven cooperative societies.
The applicant occupies the remainder of GlenEagles farm (Budiriro 5) Harare.
Its application for regularisation of occupation is currently before the respondent for determination.
The allegation is made that thirty members of the applicant are in occupation and about 200 families had erected temporary structures on the land in question.
On 9 August 2018 the respondent delivered a notice to the applicant in terms of clause 18(2) of the Urban Council’s (Model) USe and Occupation of Land and Buildings) By-Laws 1979 Statutory Instrument 109 of 1979. More
This matter was placed before me as an application for review. It was filed pursuant to Rule 14 of the Labour Court Rules, 2017. The application is opposed. The Respondent party was directed by the Court on the date of hearing, and duly filed its Notice of Response and Heads of Argument on the 15 June, 2022. The parties thereafter requested the court to hand down its judgment based on their written submissions. More
This is an appeal against conviction only. The appellant was conviction only. The appellant was convicted of culpable homicide as defined in S 49 of the Code. The culpable homicide charge emanated from a road traffic accident that took place at the intersection of Lobengula Road and the Harare - Mutare highway. More
The Appellant was employed by the Respondent as the Chief Assayer. Part of his duties included keeping safe and secure samples received in the assay laboratory from various mines. It was also not in dispute that a spare key to the safe had been missing for in excess of seventeen years and had never been found. On the 10th of May, 2012 the Appellant in the company of two others, opened the safe and discovered that nine gold bullion samples were missing. The Appellant had been asked to release the gold bullion samples in question. The Appellant had no idea... More
It was Appellant’s submission that the notice of appeal was filed and served on the Respondent on the 15th October, 2015. Respondent was required, in terms of the Rules to file his response within 14 days to wit by the 4th November, 2015. Respondent filed his response on the 6th November, 2015 i.e. 2 days out of time.
Respondent did not apply for condonation of late filing of the response neither did he give an explanation for the late filing. More
The appellant’s appeal in this case was against both conviction and sentence as imposed by the Regional Magistrate siting at Rusape Magistrates Court on 25 April 2024. He was convicted of one count of rape in terms of s 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment. Although the appeal was said to be against both conviction and sentence, the Notice of Appeal contained no grounds of appeal against sentence and there was also no relief sought regarding the aspect of sentence. When we heard the parties on 11 September... More
This is a chamber application for condonation of the late noting of appeal and extension of time within which to appeal purportedly in terms of r 38(1) of the Supreme Court Rules 2018.
The brief facts giving rise to this application maybe stated as follows:-
On 22 September 2016, the first respondent made a decision allowing the second respondent to effect developments on Stand 18962 Boundary Road, Eastlea Harare, whose location the applicant contends is a wetland. The decision was made under s 130(3) of the Environment Management Act [Chapter 20:27]. More
It has never ceased to amaze me how some of our citizens have developed this insatiable desire for litigation even in circumstances where clearly the odds are heavily stacked against them. This is one such a case and such conduct must be discouraged.
The facts which are common cause in this case can be summarised as follows: More
On 28 June 2012 the applicant filed the instant application. It was not until 7 November that this matter had to be argued as an opposed application in Court.
When the two counsels appeared before me to argue this matter, the first respondent’s counsel raised two points in limine which he hoped would dispose of the matter in the first respondent’s favour without dealing with the matter on merits. The 1st point in limine taken by counsel for the first respondent for the first time ever was to challenge the status of the deponent to the applicant’s founding affidavit. It... More
The plaintiff is a medical aid society the members and beneficiaries for which are employees of the Harare Municipality, a local authority. The first defendant is a businessman, with direct or indirect beneficial interest in the second defendant, a private company duly registered in Zimbabwe. During the trial of this matter, the first defendant was serving a term of imprisonment for a crime that is not in any way connected to the present suit. More
At the onset of oral argument in this Court respondent raised 2 (two) points in limine which applicant opposed.
The points shall be dealt with ad seriatim More
This is an appeal against an award quantifying damages to be paid to respondent. Respondent was employed by the appellant and was dismissed. The arbitrator ruled that the dismissal was unlawful and he should be reinstated. Appellant did not reinstate respondent and did not appeal against the award. Respondent approached the arbitrator for quantification of damages. In calculating damages the arbitrator stated;
“In my own opinion the period within which the complainant can be reasonably expected to find alternative employment is 12 months considering the unemployment level in the country.” More
The applicant applies for a declaratur and mandamus orders. Its draft order reads as follows:
IT IS ORDERED THAT:
1. The first, second and third respondents’ failure to establish a public primary school in Tynwald South Township, Harare is hereby declared to violate the rights of children from low-income households in Tynwald South, specifically their rights to education, the best interests of the child, to dignity, to administrative justice, and to equality and non- discrimination, as protected in sections 75, 81, 68 and 56 of the Constitution.
2. The first respondent shall, with immediate effect, redirect the Beer Levy funds... More
