This is an application for stay of proceedings that are before the second respondent pending the determination of an application for review of the second respondent’s dismissal of an exception to the charges. More
At the commencement of the hearing, Mr Uriri for the applicant applied to amend the applicant’s draft order with the consent of Mr Manjengwa for the respondent. The prayer in the draft order was accordingly deleted and substituted as follows:
1. It is hereby declared that procurement contract No. ZPC 304/2015 dated 23 October, 2015 between the applicant and the respondent is valid and binding between the parties.
2. Consequent on the declaration of validity of the contract, a decree of specific performance be and is hereby issued.
3. The conditions precedent the satisfaction period are deemed to have ben... More
This is an application for dismissal for want of prosecution of the application for rescission of judgment filed by the first to 33rd respondents on 8 June 2016. The main application was filed under case no. HC 5801/16, seeking the setting aside of the order of this court granted in case no. HC 7797/15 on 6 April 2016. After the respondents had served the application for rescission of judgment the applicant filed its notice of opposition and opposing affidavit on 23 June 2016. The respondents took about five months to file an answering affidavit to the opposing papers. After that... More
On 8th March 2016 at Harare, Arbitrator V Mateko issued an arbitration award. She ordered the appellant to pay the respondent an amount of $500-00 as outstanding salary. The appellant then appealed to this court against the award. The respondent opposed the appeal. The grounds of appeal were rather prolix as the appellant acted pro se. However the first four grounds of appeal basically cover the appellant’s case. More
This is a special plea raised by the first and second defendants against the plaintiff’s claim in case HC 7222/11.
At the commencement of the application, the proceedings against the second defendant were by consent of all the parties stayed in terms of s 54 (2) of the Banking Act [Cap 24:20]; it having been placed under curatorship by the Central Bank on 11 June 2012. I proceeded to hear the first defendant’s special plea. More
The parties to this case are embroiled in a contractual dispute. Basically the allegations against the respondent are that he has taken control of farming operations at Inyanga Downs Orchards without the consent of other directors. In its amended draft order the applicant is seeking the restoration of the status quo ante. At the hearing of this application counsel for the respondent raised some points in limine. More
This is an application brought to this court in terms of section 4 (1) of the Administrative Justice Act Chapter 10:28. It is an application to set aside the determination by the Master of the High Court (herein cited as 1st respondent), wherein on 8th of August 2019, she declared the last Will and Testament of the Late Tulli Ndlovu Mathiya as void due to a subsequent customary law union that he contracted with the 2nd respondent, namely Lomangwe Ndiweni. More
This is an application for an order setting aside the decision by the respondent to forfeit the applicant’s 3 trucks and tankers.Sometime in July 2020, the applicant was contracted by an entity called Lopdale Energy (Pvt) Ltd to ferry a consignment of fuel from Mozambique to Zimbabwe. On 17 July 2020, the applicant’s drivers were served with notices of seizure issued against their 3 trucks. More
This is an application for leave to appeal to the Supreme Court. It follows a judgment in which this court had to determine whether the applicant had been properly found guilty of fraud and the propriety of a dismissal penalty imposed on her following disciplinary proceedings. More
The applicant instituted proceedings against the respondents claiming the following order:
"1. The appointment of Cecil Madondo as Executor Dative in the
Estate of the late Stephen Moyo on the 6th October 2004 is set aside.
2. First respondent is directed to appoint applicant as Executor Dative.
3. The costs of this application, if contested shall be paid by the respondents."
On the 3rd of June 2005 the applicant filed a notice of withdrawal on the basis that each party pays its own costs. More
On 11 October 2019 the appellant was convicted of contravening s 53 (2) of the Road Traffic Act [Chapter 13:11] for reckless driving and was sentenced to 2 years imprisonment, in addition he was prohibited from driving commuter omnibuses or heavy vehicles for the rest of his life in term of s 54 (4) (a) (b), further appellant’s licence was cancelled. More
This is an appeal against the decision of a Magistrate refusing the appellant bail pending trial. The applicant faces a charge of stocktheft as defined in section 114 of the Code.
The first ground of appeal is that the learned Magistrate misdirected herself in finding that there were compelling reasons to deny applicant bail due to speculations and unfounded beliefs that if he is released on bail, he is likely to be harmed by the Gwanda Community. The 2nd ground of appeal is that the learned Magistrate misdirected herself by disregarding the fact that applicant is presumed innocent until proven... More
This is an appeal against an arbitral award which was made in favour of the respondent employees. Facts of the matter are that respondents who are in the appellant’s employ went for a period of time without receiving their salaries and allowances as per the industry code of conduct. They are all employed as long distant vehicle drivers by the appellant. Their matter went for conciliation where a certificate of no settlement was issued after the parties failed to reach an agreement. More
First Capital bank approached this court on appeal, challenging the decision of the Designated Agent for the Banking Sector who set aside the retrenchment process which the bank had taken in respect of the respondent employees. More
TAKUVA J: This is an Urgent Chamber Application for Mandament Van Spolie and Interdict .
Applicant seeks an order in the following terms;
“1. Respondent be and is hereby ordered to immediately restore applicant to peaceful and undisturbed possession of DW61A Tuli Flats Westgate Security Camp, Bulawayo.
2. Respondent be and is hereby ordered to immediately cause their employee who now resides at applicant’s house to vacate the premises and handover all keys and locks to the applicant.
3. The Sheriff of the High Court be and is hereby directed to evict anyone and everyone who does not claim occupation... More
