Two issues are the subject of this review. These are:-
(1) Whether a referral to the company executive was unlawful and
(2) Whether or not the court can order reinstatement. More
In the present case, the appellant was driving a Honda Fit, alone with no passengers on board. He was ordered to stop by the police officers and he complied. Thereafter it was revealed he was not a holder of a driver’s licence. The appellant cooperated with the police and at court he did not waste time and resources by pleading guilty to the offence. In its reasons for sentence the court just mentioned the mitigatory factors but sentence imposed speaks volumes of the court not having placed any weight to the mitigatory factors. A plea of guilty although not reducing... More
: The applicant sought an order for condonation of late noting of an appeal and leave to appeal in person. I heard the application and dismissed it. Applicant now seeks reasons for the dismissal. The reasons are as follows: The charge applicant faced before the Regional Magistrate sitting at Karoi is that of contravening of s 65 of the Criminal Law and Codification and Reform Act [Chapter 9:23] (Rape). More
The applicant’s response to the query raised on 16 January 2023 erroneously dated 16 January 2022 is acknowledged. Applicant should note that a respondent who has failed to take appropriate action in response to court proceedings (in this case an ordinary chamber application) within the dies induciae given is not always automatically barred on account of such default. Such party can always comply outside the dies induciae provided no judgment has since been obtained by the party who has approached the court for relief if there is no bar operating against him. Just to illustrate the point – a defendant... More
This is an urgent chamber application in which the provisional order sought has the following terms: -
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The applicant be and is hereby awarded custody of Tinotenda Nyakudanga born 6 May 2005, Nellia Nyakudanga born 4 April 2011, Nokutenda Nyakudanga born 4 August 2014 and Bothwell Nyakudanga born 4 June 2016.
2. Respondent be and is hereby awarded access to the minor children every alternating school holiday and public holidays. Respondent shall enjoy access... More
On 2 October 2014 at Harare, arbitrator C TKadenga issued an arbitration award. She ordered respondent to pay appellant an amount of USD423.52 for leave days. Appellant then appealed to this court. Respondent opposed the appeal. More
Parties failed to agree on quantum and the matter was therefore argued before me. However, when the matter was argued the matter took long with most of the time being spent on the cross examination of the applicant by the respondent’s legal practitioner. Some of the questions asked were to do with the size of a particular section of a hotel or hotels at which the applicant worked. I am not sure whether there was any benefit from that lengthy time of cross examination. I believe that when legal practitioners lead evidence and cross examine witnesses, they do so in... More
The appellant is one determined litigator. His determination appears to be assisted by the fact that he has not engaged a legal practitioner to assist him and the prudence and reticence that is usually borne out of financial constraints not to pursue small claims to the limit appear absent. Also absent is merit in the appeal that he has noted to this court against a decision of the magistrates’ court dismissing his claim. More
The plaintiff in this matter seeks an order for the eviction of the defendants from its premises on Arcturus Road, Harare, and for the payment of holding over damages in the sum of US$1575-35 per month as from 1 March 2009 to the date of ejectment. The issues for determination are as follows: (a) whether or not the plaintiff lawfully terminated the statutory tenancy and is entitled to vacant possession of the premises; (b) whether or not the plaintiff is entitled to holding over damages as claimed or at all.
The 2nd defendant is in default, having failed to note... More
This application was argued before me on 16 July which was the return day of a provisional order granted on 4 May 2009. Although the first respondent was at the initial hearing he did not appear on the return day. He had filed opposing papers as well as heads of argument even though he was not legally represented. Mr Gutu who appeared for the second respondent, the Minister and insisted on the matter being heard on the merits and seemed not to be alive to the absence of the first respondent and the prejudice that would ensue to the latter... More
This is an application for contempt of court. The background to this application is that the applicants were the owners of Disi Farm (the farm). The farm has since been acquired by the state. The respondent was issued with an offer letter for subdivision 7 (Plot 7) of the farm by the minister responsible for land resettlement on 24 June 2008. When he moved onto the plot, he locked the tobacco grading shed, the irrigation pump station and borehole thereby denying the applicants access to the infrastructure. The applicants approached this court and on 18 August 2008, successfully obtained, in... More
The plaintiff claims for damages for breach of contract arisingto an oral agreement entered into between him on one hand and the defendant on the other; interest at the prescribed rate together with costs of suit. At the pre-trial conference the issues were identified as: More
The appellant was employed as an internal guard a grade 2 position by the respondent in 2003. Appellant subsequently resigned in 2013. The position he held at the time of resignation forms the basis of this appeal. It is not in dispute that appellant was promoted to the position of Lance Corporal in 2007 and in 2008 he was promoted to the position of Corporal being a grade 6 position. The promotions were by way of letters from the managing director. According to appellant in the later part of 2008 appellant’s duties changed to that of security supervisor. The appellant’s... More
The applicants were electrical powere ngineering students at the Masvingo Polytechnic College (hereinafter called the College). The 1st respondent is the Principal of the said College. The second respondent is the Masvingo HEXCO Regional Chairperson for HEXCO Board. 1strespondent is cited as the responsible authority for student affairs of the College. 2nd respondent manages the examinations of first respondent. More
They allege, on the merits, that the applicant’s title to the farm is defective on account of the claim that the same had already been allocated to them when the lease came into existence. They aver that the lease was acquired fraudulently or through gross misrepresentation. The lease, they claim, is defective in the sense that it was granted over the farm which they occupy. They insist that the Minister of Land (“the Minister”) gave offer letters to them. They aver that the Minister could not have validly passed title to the applicant when they validly held title to the... More
