This is an application for rescission of a default judgment entered against the applicant on 27 October 2021 in favour of the first respondent. The default judgment was entered against the applicant in his capacity as the Executor Dative of the Estate Late Matthew Z Chimbgandah in favour of the first respondent a daughter and therefore one of the beneficiaries of the Estate Late Matthew Z Chimbgandah. More
I have before me an application for vindication and eviction of the first respondent and all those claiming title through him from the property known as, the subdivision of Stand 1 of Gletwyn, Township, measuring 540 square meters (“the property”). The applicant says that he purchased the property in issue from the second respondent through his daughter who he alleges signed the agreement on his behalf. The applicant further alleges that the first respondent who bought a subdivision of the remainder of his property built a perimeter fence which is encroaching onto his property hence this application to restore him... More
After hearing arguments from both counsel, I ordered as follows:
a) That the Notarial Deed of Trust executed on the 13 February 2001 establishing the first respondent be and is hereby amended by the deletion of the second respondent’s name as a trustee wherever it appears in the Deed of Trust.
b) That an independent Estate Agent of repute operating in Harare be appointed as a Trustee by consent of the first and second respondents within seven days of this order and failure of which the Master of the High Court appoints an Estate Agent within seven days of the... More
The issue that falls for determination in this application is somewhat res nova. It is whether the doctrine of vicarious liability applies in contract law to terminate a valid contract on the basis that the breach complained of was occasioned by the employees of the second party. More
This is an appeal against an arbitral award granted in respondent’s favour on 22 September 2015. Appellant was employed by respondent as a General Manager on fixed terms stretching from December 2007 to November 2014. The last contract was not renewed. Appellant claims that he had a legitimate expectation that the last contract would be renewed upon expiry. He approached the Ministry of Labour but the issue was not resolved. It was subsequently referred to arbitration. The arbitrator ruled that each specific contract terminated upon its expiry and appellant was entitled only to any outstanding terminal benefits calculated on the... More
The applicants were arraigned for trial before the first respondent, a Regional Magistrate sitting at Harare Magistrate’s court. The first respondent will in this judgment be referred to as the “magistrate”. The second respondent is the Attorney General of Zimbabwe. He is the prosecuting authority whose officer is prosecuting in the applicants’ trial. More
1. This is an appeal against conviction only, the appeal against sentence having been abandoned at the hearing.
2. The appellant was convicted of criminal abuse of duty as a public officer as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code).
3. He was sentenced to 14 months imprisonment of which 6 months imprisonment was suspended for 5 years on the usual conditions of good behavior. The remaining 8 months imprisonment was suspended on condition the appellant performs community service. More
The appellant was convicted, after contest, of two counts ofcontravening s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years for each count. More
On the turn, I dismissed the above bail application and indicated that my reasons would follow. I now set them out.
The applicants are facing one count of contravening section 20 of the Criminal Law (Codification and Reform) Act [Chapter 9.23]. They were arrested on the charge in May 2007. It is alleged against the applicants that during the period extending from 2006 to 2007, the first applicant who is a former member of the Zimbabwe National Army, connived and conspired with the other six applicants and other persons to overthrow the Government of Zimbabwe through unconstitutional means. More
Applicant in this matter seeks an order of stay of proceedings against him in the General Courts Martial of the Zimbabwe Defence Forces in the following terms:
“INTERIM RELIEF GRANTED:-
Pending determination of this matter the applicant is granted the following relief;
“1. The respondents be and are hereby barred from proceeding with the Court Martial of the applicant on 7 December 2007 or any date thereafter until this matter is finalised on the return date hereon.”
The relief sought in the final order was basically the same as the above save that the applicants sought to attach procedural conditions... More
The applicants are facing a charge of contravening s 20 of the Criminal Law (Codification and Reform) Act [Cap 9:23] – treason. They have been in custody since May, 2007. Ever since their incarceration they have mounted several unsuccessful applications for bail on changed circumstances. The present is one such application, the last one having been on 8 March, 2010 before MAKARAU JP (as she then was). More
The applicants are seeking the dismissal of the charge for which they were committed for trial on 4 June 2008 on the basis that they were not brought to trial within six months of such committal. More
This is an appeal against the decision of the magistrate’s court wherein it ordered the committal of the appellants for trial before the High Court despite their case having been previously dismissed in terms of s 160 (2) of the Criminal Procedure and Evidence Act [Cap 9:07]. More
