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
The three applicants in this urgent chamber application applied for a provisional order the terms of the interim relief of which reads as follows- Interim Relief.
That pending the confirmation or discharge of this Provisional Order the applicants are granted the following relief:
1) That first to third respondents is (sic) directed to stop advertising for sale of any stands on a certain piece of land in Hartely called Swallowfield of Johannesburg measuring 127,6238 hectares held under deed of transfer number DT 5157/99.
2) The first to third respondents be directed to refrain from collecting sale proceeds of stands. More
This is an application for quantification of damages. The application which has been filed in terms of Rule 14 of the Labour Court Rules, 2017 is filed pursuant to a court order issued in this court under reference LC/H/444/22 on 7th July,2022. In the order the court directed as follows;
“1. The application for review be and is hereby granted.
2. The 2nd Respondent’s Ruling dated 28 January 2022 purporting to convict and dismiss 1st Applicant from employ of the 1st Respondent be and is hereby set aside.
3. The 2nd Respondent’s Ruling dated 28th January 2022 purporting to convict... More
This is an application for bail pending trial. The applicants allege that there are changed circumstances, which if properly considered, would entitle them to bail pending trial. On the 10th February 2019 an application for bail pending trial was brought before me by the applicants and their co-accused. I declined the application and gave my reasons in judgment HB-04-19. I am informed that an appeal has been lodged to the Supreme Court against that judgment. More
This is an application for absolution from the instance.
Tendai Madungwe (hereinafter called the deceased) died from injuries sustained in a bus accident that occurred at the 257 kilometer peg along Harare Chirundu Road. She is at the centre of this trial. First Plaintiff is deceased’s husband while second to sixth Plaintiff are children born of deceased and first Plaintiff. Defendant is a bus company which owns the bus which was involved in an accident that resulted in deceased’s death.
Two issues were referred for trial namely:
1. Whether or not defendant’s driver negligently caused the accident
2. Whether or... More
I dealt with this matter in chambers and dismissed the application on 30th of September 2015. The reason was that the appeal had no prospects of success.
Applicant has requested for detailed reasons and here are they.
The applicant filed a notice of appeal which espoused the following grounds.
1. It is respectfully submitted that applicant filed his appeal within the stipulated regulatory period, however prison authorities responsible for the conveying of the papers delayed the process. There are no issues with the reasons for the delay.
2. It is respectfully submitted that applicant’s conviction in the court a quo... More
The appellant, a seventy-year old man, was convicted of rape as defined in s 65(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] after a trial. He was sentenced to 15 years imprisonment of which 7years were suspended on conditions of good behaviour. The appellant was convicted on the following facts found to have been proved in the court a quo. The complainant was aged 11 years at the time of the alleged offence. She was staying with the appellant who is married to her aunt. On an unknown date in December 1998 her aunt left her together... More
This is an application for the confirmation of a provisional order granted by this court on 4May 2022 for the provisional liquidation of the first respondent MANGENJE BROTHERS (PRIVATE) LTD. More
