This is an application in terms of r 59 of the Rules of this Honourable Court, 2021 for the confirmation of cancellation of an agreement of sale entered into by applicant and the first respondent over Stand Number 1258 GoodHope Township of Lot 16 of Goodhope Harare measuring 2000 square metres on 12 April 2018. The material terms of the Agreement of Sale were that the full purchase price in terms of clause 1 of the said agreement was US$45 000 which was to be paid in instalments with the initial deposit of US$30 000 being paid within five days... More
The applicant seeks an order that is constituted by a declaration with an accompanying interdict and costs of suit. The content of the applicant’s draft order reads as follows:“WHEREUPON after reading documents filed of record and hearing counsel:
IT IS ORDERED THAT
1. The Agreement of Sale entered into between the 1st, the 2nd and 3rd Respondents in respect of the sale of stand No. 1263 Goodhope Township Harare, measuring 1 950 square metres dated 4th of August 2020 be and is hereby held to be unlawful, wrongful and accordingly set aside.
2. The 1st, 2nd and 3rd Respondents be... More
The applicant seeks the confirmation of cancellation of an agreement of sale entered into by the applicant and the first and second respondents on 18 June 2018, in respect of stand no. 1230 Goodhope Township of Lot 16 of Goodhope, Harare, measuring 2042 square metres. The applicant argues that he is the owner of a piece of land called Lot 16 of Goodhope, measuring 10,4707 hectares, which is held under deed of transfer no. 8809/01 dated 4 September 2001. In addition, the applicant submits that he was given permission to subdivide the piece of land into various stands in terms... More
On 10 May 2018 the applicant sold to the first and second respondents [“the respondents”] a piece of land from a certain housing development project by him in Good Hope Township of Harare. The sale was in terms of a written agreement. All the usual terms were agreed upon, including the purchase price and the mode of paying it. In terms of the agreement, the deposit was to be paid to the seller as cash upon signing. The monthly instalments would also be paid in cash within the periods as specified. Another clause in the agreement stipulated that all the... More
: This is an application to review the decision to cancel applicant’s premises and person’s licences by respondent in its statutory capacity as the issuing authority. The facts surrounding this dispute are virtually common cause. More
The parties to this divorce action got married on 16 August 1996 at Bulawayo, Zimbabwe. Their union was blessed with three children all of whom are still minors. The plaintiff now seeks from this court a decree of divorce, custody of the three minor children of the marriage and distribution of the matrimonial estate. In justifying his prayer he avers in his Declaration that his marriage to the defendant has irretrievably broken down. He also avers that there are no reasonable prospects of its restoration to normalcy as the defendant has, during the subsistence of the marriage, committed acts of... More
The background facts of this matter are that the Applicant was employed by the Respondent as a Forklift Driver. Allegations of misconduct were raised against him and he was found guilty by a Disciplinary Committee set up in terms of the relevant Code of Conduct. He appealed to the Appeals Committee which upheld the decision by the Disciplinary Committee More
As a result of a motor vehicles accident that happened between plaintiff and defendant on 27 June 2008, plaintiff caused the issuance of summons against defendant claiming:
(a) US$52 000.00 being damages for bodily injury and US$2 000.00 for medical expenses.
(b) Interest at the prescribed rate on the sum claimed from the date of the summons to the date of full payment.
(c) Costs of suit. More
The brief background to this matter is that the applicant and first respondent were duly nominated as candidates to contest on 23 August 2023 for the seat of Ward 35 Mazowe Rural District Council. It is the applicant’s averment that the first respondent was not qualified to be nominated as, though he is an owner of land held under an agreement of lease being Plot No. 13, Danbury Park Farm in Mazowe Rural District Council, he owed Mazowe Rural District Council in unpaid levies. The amount owed is said to be four hundred and twenty United States Dollars and this... More
CHIVIZHE, J;
The matter was placed before me as an application for quantification of damages pursuant to an order granted by this Court in case LC/H/705/13 which order dismissed respondent’s appeal and upheld an order by the NEC Appeals Committee dated 24th March 2014 which order directing reinstatement. The Court order issued by the Labour Court did not award damages as an alternative for reinstatement. This was clearly contrary to Section 89(2)(c)(iii) of the LabourAct [Cap 28:01] which requires that whenever the Court considers reinstatement as the more appropriate remedy and grants it the employer must still be given an... More
The applicants were employed by Martindale Catholic School in different capacities. Sometime in June 2021, the respondent purported to retrench the applicants allegedly without following lawful retrenchment procedures in terms of Section 12C (1)(a) (i) (ii) of the Labour Act [Chapter 28:01] (the Act). The applicants challenged their retrenchment arguing that the process was flawed. The respondent proceeded with the process regardless and paid the applicants their retrenchment packages. More
This appeal is totally devoid of any merit.
The appellant is aggrieved by the decision of the court a quoin granting an interpleader application in favour of the second respondent.
The appellant had entered into an agreement with the first respondent in terms which the two were to exchange certain beasts. In order to satisfy his side of the bargain, the first respondent fraudulently passed over to the appellant three beasts, the property of the second respondent. More
At the onset of the review application the applicant raised the point in limine stating that there is no opposition to the review application on account of the fact that the opposing affidavit was deposed to by a person who did not file with the court a board resolution indicating that he is authorised to depose to the affidavit. More
