This is an application for backpay. This hearing is arising from a Supreme Court decision that referred the matter back for determination on the ground that the court as an equity court should not apply strict rules of evidence but should call expert evidence to assist in determining the backpay that should be paid. Previously the court had dismissed the claim as the applicant could not bring evidence to show how his backpay should be determined in view of the changes that the Zimbabwe currency had gone through during the relevant period. More
Both the applicants are former employees of the respondent. Their applications were consolidated with the consent of both parties in terms of Order 13R92 of the High Court Rules, 1979. The two applications were lodged separately and counsel requested the court to consolidate the matters. In considering whether or not a consolidation was warranted the court had Their applications were consolidated with the consent of both parties in terms of Order 13 R92 of the High Court Rules, 1979 regard to the fact that the cause of action arose from the same facts and the issues raised in both application... More
MUTEVEDZI J: ` Much as a sizeable number of Zimbabweans may view virginity as an old-fashioned virtue, the truth remains that in many parts of the same community it is still regarded very highly. Marriages have been known to collapse after a would-be husband who had waited for the special honeymoon night with unmitigated anticipation suddenly found that the terrain which he thought was private was a well-trodden path. Medical doctors are expected to know that the intrusion into a young girl’s privates with the use of hard instruments could potentially cause embarrassment to such a girl in her future... More
This is a fairly straightforward case which in all fairness could have proceeded as a stated case since there is no dispute on the facts.
The facts which are common cause in this case can be summarised as follows:-
The plaintiff is a farmer operating from farm No. 30 Chipangayi, Chipinge District, Manicaland Province. On 1 November 2007 the plaintiff delivered 65, 413 tonnes of wheat to the defendant’s depot at Middle SabiChipangai as a result of which the two parties entered into an agreement tendered in this court as exh 2. In terms of exh 2 the plaintiff had... More
This is an application to execute an order of this court pending an appeal to the Supreme Court.
It is common cause that in terms of an agreement entered into on 1 November 2007 between the applicant and the respondent the applicant, a farmer at farm No. 30 Chipangayi, Chipinge District in Manicaland Province, would deliver 65,52 tonnes of wheat to the defendant. The purchase price would be paid as follows:-
(a) 50% in Zimbabwe currency amounting to ZW$2 349 958 125-00
(b) 50% in foreign currency amounting to US$ 8 179-63 payable through the Reserve Bank of Zimbabwe. More
The allegations, as set out in the Request for Remand Form, are that they criminally abused their duties as public officers as follows. They were members of the City of Harare Tender Evaluation Committee. On a date not material to this judgment, sitting as members of such Committee, they unprocedurally awarded a tender to refurbish street lights in Harare to a company called Juluka Enndo Joint Venture in breach of procurement provisions which required the procurement to be done through a competitive bidding process. Further, they disregarded their earlier decision at a previous sitting of the same City of Harare... More
On 29th March 2012 the Honourable E.F. Chitsa made an arbitration award. In
terms thereof he upheld Respondent’s termination of Appellant’s employment. Appellant then appealed to this Court. Respondent opposed the appeal. However at the hearing the matter took a dramatic turn. Both parties agreed that the disciplinary proceedings by Respondent against Appellant used wrong procedures. Respondent no longer opposed the appeal. However it had issues with the relief Appellant sought. At the conclusion of his oral argument, Appellant’s attorney prayed that the arbitration award be set aside. In addition he prayed for the reinstatement of Appellant by Respondent. More
This is an urgent chamber application to interdict the first and second respondents from selling a certain piece of land situated in the District of Harare known as No. 34 Arcturus Road, Highlands, Harare held under Deed of transfer No. 3496/09, measuring 4334 square metres (herein after referred to as the property) to any other person without offering the said property to the applicant first. More
The parties in this matter happen to be workmates and neighbours at a vending market place.
According to the pre-trial conference minute as well as the opening addresses by counsel, there is one issue to be decided.
Ms Busayi for the plaintiff addressed the court that plaintiff would lead evidence regarding the damages that he suffered as a result of an accident negligently caused by the defendant. She saidthese included future medical expenses as well as damages for pain and suffering loss of earning capacity and loss of amenities of life
Mr Mlalazi for the defendant stated that defendant will... More
The plaintiff and the defendant are husband and wife. They contracted a customary law union in 1992 and married in terms of the Marriage Act [Cap 5:11] on 17 February 2005. The marriage was blessed with three children the eldest who is now a major. More
At the trial of this matter, the defendants were in default. They were duly served with the notice of the trial on 1 October at their chosen address for service. The plaintiff moved for default judgment to be entered against the defendants as prayed for in the summons. Entertaining doubts as to whether or not the plaintiff’s claim was sound, I requested the plaintiff to address me on whether or not the original contract between the parties was not in contravention of the Exchange Control Regulations and thus unlawful. The plaintiff, who appeared before me in person, opted to file... More
This is an application in which the applicant seeks an order in the following terms:
“1. The decision of the first respondent in dismissing the application for the rescission of default judgment be and is hereby set aside and the application for the rescission of default judgment be and is hereby granted.
2. The second respondent shall pay costs of suit.” More
