These were two cases in one. Except for the different applicants everything else was the same. So the parties agreed to have the matters combined for argument. It was expedient. More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is charged with the crime of robberyas defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 14 June 2021, at about 23 45 hours, the applicant in the company two persons still at large approached the complainant who had parked his motor vehicle a Toyota Hilux at Total Garage, in Bulawayo. Applicant and his accomplices are said to have produced a rifle and a pistol which they used to threaten the complainant before pulling him out of the... More
This is a Chamber application in which the applicant sought an order in terms of the draft. The applicant and the fourth respondent consent to an order of the Court in terms of the draft order, as amended. The third respondent’s position is that he will abide by the decision of the Court. More
This application is brought in terms of section 3(1) (a) of the Administrative Justice Act [Chapter 10:28] and it seeks a review and the concomitant setting aside of respondent’s decision to withdraw applicants’ offer letter in respect of Remainder of Patterson Farm which is 622.9125 hectares in extent (the farm). It also seeks the setting aside of the respondent’s directive for the applicants to cease occupation and use of the farm. More
The applicants in this matter are all duly elected Members of Parliament. The 1st respondent is the Clerk of Parliament, cited herein in his official capacity. The 2nd respondent was elected to the position of Speaker of the House of Assembly on the 25th of August 2008. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court by Jonathan Tavarwisa (Applicant).
In terms of Rule 36 of the Labour Court Rules SI 59/2006 (The Rules) a party wishing to appeal to the Supreme Court against a Labour Court decision, shall file an application for leave to appeal with the Labour Court within 30 days of the date of the judgment to be appealed against. More
The appellant appeared at the Magistrates Court sitting at Bindura facing 3 counts of aggravated indecent assault and 4 counts of indecent assault as defined in terms of section 66 (1) (a) (ii) and 67 (1) (a) (ii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], respectively. More
The appellants were arraigned before the Magistrates Court facing allegations of contravening s 368(1) as read with 368(4) of the Mines and Minerals Act [Chapter 21:05] prospecting for Minerals without a permit or a licence. Both appellants were convicted on their own pleas of guilty and sentenced to the mandatory sentence of 2 years imprisonment each as there were no special circumstances. Irked by the conviction the appellants lodged the present appeal which the respondent is not opposed . More
On 9 December 2015 interim relief was granted in favour of the appellant employer so that the main appeal could be finalised. Since then nothing happened to the matter suggesting that there is no interest to have the appeal concluded. This has occasioned this court to invoke provisions of Section 89 (2) (a) (1) to dispose of the appeal on the papers. More
The first respondent sought to recruit a principal at its college. The first respondent flighted an advertisement to that effect. The second respondent was interested in the post and he was one of those who responded to the advertisement. The second respondent was shortlisted and he went through the selection process. He was eventually offered the position and he accepted to work as a principal with the respondent’s college More
This is an application for condonation of late noting of appeal. The application was lodged some three (3) years after the applicant’s dismissal from employment.I dismissed the application after reading the documents in chambers.
The facts of the matter are that the Appellant was dismissed from the Respondent’s employ for absenting himself from work without leave to do so.Efforts to call him for a hearing failed. More
1. This is a chamber application for dismissal for want of prosecution in terms of r 59 (15) (b) of the High Court Rules, 2021. The applicant seeks to dismiss an application for rescission of judgment filed under cover of case number HC 637/21 (main application). The order sought is couched in the following terms:
a. That the respondent’s court application for rescission of judgment under Case No. 637/21 be dismissed for want of prosecution.
b. Each party to bear its own costs of suit.
2. The application is opposed by the respondent. More
The hearing of argument on the preliminary points arising from this election petition was consolidated with hearings in seven other cases. I have already handed judgment in some of the eight petitions as I deemed it administratively convenient to hand down a judgment in respect of each petition, while making reference to the submissions made during the consolidated hearing. More
This case involves an ownership dispute in relation to Stand No. 4795, No. 1 Milner Road, Braeside, Harare. The issues for determination herein are as follows: (i) Did the plaintiff and/or the 4th defendant donate the property in question to the 2nd and 3rd defendants and, if so, on what terms? (ii) Did the plaintiff and/or the 4th defendant and/or the 2nd and 3rd defendants sell their respective rights in the property to the 1st defendant and did they authorise or notify or ratify the sale/transfer to the 1st defendant? (iii) Were the 2nd and 3rd defendants lawfully entitled to... More
Applicants were employed by the 2nd respondent in various managerial capacities. There were several investigations carried out upon the 2nd respondent. The Zimbabwe Anti-Corruption Commission and the Criminal Investigation Department carried out separate investigations. The latter’s investigation culminated in the arrest of the applicants and their placement on remand at Chinhoyi Magistrates’ Court. 2nd respondent proceeded to suspend the applicants which suspension hinged on the criminal matter filed with the court. The applicants were subsequently acquitted. More
