This is an appeal made in terms of s 121 (1) of the Criminal Procedure & Evidence Act [Chapter 9:23] (“the CPEA”) as read with r 6 (1) of the High Court of Zimbabwe Bail Rules, 1971, pursuant to the Magistrates Court’s dismissal of the appellant’s application for bail pending trial. More
The appellant was convicted by the Magistrates Court of Culpable Homicide in terms of s 49 of the Criminal Law (Codification and Reformation Act [Chapter 9:23]. More
This is an application for bail pending appeal against sentence only. The applicant was convicted on two counts of stock theft as defined in s 114 (1) (a) of the Criminal Law (Codification And Reform) Act [Cap 9.23]. He pleaded guilty to both counts and was sentenced to 9 years imprisonment on each count on 10 September 2007 and is serving an effective sentence of 18 years imprisonment. The applicant successfully applied for condonation of late noting of his appeal which was granted by ORMAJEE J on 23 March 2011 in case No. 1410/09. He has since filed his appeal... More
Appellant was in Respondent’s employment as from the 2nd February, 2002 to the 29th October, 2012 when he tendered his resignation. This is common cause. More
On 2 September 2020, the applicant was granted bail by this court on appeal against the refusal by the Magistrate Court to admit him to bail on a charge of incitement to commit public violence as defined in s 187 (1) (a) of the Criminal Law Codification and Reform Act [Chapter 9:23] as read with s 36 (1) (a) of the same Act. He was charged in the alternative with two related charges arising from the same course of conduct. I have noted that the bail order indicates that it is myself who granted the applicant bail. The order needs... More
The second respondent approached the court seeking a declaratory order and the application was dismissed. On appeal the Supreme Court remitted the matter to the court a quo for it to issue a full judgment incorporating the counter application that was before it which sought declaration of rights for the Estate of the Late Rabson Mutuna Nyakudya in relation to stand TT23204 measuring 840 square meters inclusive of Nyakudya Grinding Mill.The applicant also seeks cession of the said immovable property to the beneficiaries of the deceased Estate of the late Rabson Mutuna. More
“In so far as Applicant is concerned there were two matters in dispute which required evidence to be led. The first is whether or not Applicant was properly before the Arbitration, Tribunal, Applicant contended that he was unaware of the dispute until he was summoned to appear before the arbitrator and that he had not received any invitation to attend any conciliation exercise before either the Ministry of Labour or the Industrial Council. The second issue is whether or not he was an “employer”as defined in the (sic) Labour Relations Act. It is Appellant’s position that no evidence at all... More
MUZOFA, J:
The two appellants were employed on fixed term contract in different capacities by the respondent. Upon termination of their contracts a dispute arose in the computation of their terminal benefits.
The appellants referred the dispute to a labour officer and subsequently the matter went before an arbitrator. The arbitrator after considering the evidence before him, the first respondent was awarded a total sum of $718.45 and second respondent $790.93.
Both have appealed.
The grounds of appeal impugn the arbitrator’s findings in respect of cash in lieu of leave and overtime payment. More
This is an urgent chamber application in which the applicant seeks the following relief:
“TERMS OF INTERIM RELIEF GRANTED
IT IS HEREBY ORDERED THAT
1. The respondent be and is hereby ordered to forthwith and in any event not later than 24 hours from the date of this order, release the minor child TRM BORN 15 MARCH 2013 to attend boarding school at Littlerock International Boarding School, failing which the Sheriff or his assistant be and is hereby authorized and directed to remove the said minor child from the respondent’s control and custody and hand him to school authorities at... More
This is an application titled; “Urgent Chamber Application for stay of Execution.” – wherein the applicants sought the following relief that;
4. “The execution of the Provisional Order obtained by the 1st, 2nd and 3rd respondents under case number HC 2974/18 be and is hereby stayed.”
On the confirmation date the applicants sought the following order that;
1. ‘The interim relief granted be and is hereby confirmed as final.
2. The 1st, 2nd and 3rd respondents be and are hereby permanently interdicted from executing on the Provisional Order under HC 2974/18 pending the finalization of the proceedings under HC 980/18... More
The applicant is charged with contravention of s 126 of the Criminal Law Codification and Reform Act [Chapter 9:23] i.e. to say robbery of a motor vehicle. The summary of the allegations is that on 29 July 2020 applicant and an another robbed complainant of his Toyota Sienta Vehicle Registration No. AEV 7893 engine No IN26665781 with chassis No NCP 810104251 which complainant used as a pirate taxi after pretending to the complainant that they wanted to be taken to some address in Waterfalls Harare. The robbery allegedly took place in the night as a result of which complainant could... More
appeal.
At the commencement of the proceedings, respondent raised a point in limine. It was submitted that Marange Resources Security Employees (hereinafter MRSE) was not a party to the proceedings. It was further argued that there was no nexus between Marange Resources Security Employees and the employees before the Court. It was further stated that an entity without legal status cannot institute legal proceedings. Respondent further submitted that Marange Resources Security Employees was incapable of instituting labour proceedings. More
The background to the matter is that on 10 March 2006, the applicant noted an appeal to this court against the decision of the second respondent under case No. CIV(A) 162/06. The appeal was set down for hearing on 31 October 2006. The applicant withdrew the application after the presiding judges had raised concern about the state of the record. Pursuant to this, the applicant filed a court application in this court seeking the setting aside of the same decision of the second respondent. On 26 October 2007, the applicant withdrew the application. On 19 November 2007 he then filed... More
On 21st July 2017 the plaintiff bought a freightliner truck horse registration number ADS 1496 from the defendant and an agreement of sale was concluded between the parties. The agreement was reduced to writing. About a year later, on 17th July 2018 the plaintiff again bought a triaxle semi-trailer registration number ADS 9648 from the defendant and the agreement of sale was also reduced to writing.
With any acquisition of valuable assets which involve the transfer of ownership, such transfer marks the conclusion of the buyer – seller relationship, with each one discharging their respective obligations. More
