Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
This is an urgent application filed by the applicant on behalf of Ezenwafor Patience Onyeka, a minor child aged 16 years (the minor girl child) seeking the following relief: More

CHIGUMBA J: This is an urgent chamber application in which the applicants seek the following relief: TERMS OF ORDER SOUGHT That you show cause to this Honorable Court why a final order should not be made on the following terms:- 1. That the order and judgment in case No 112 9052/11 granted on 23 November 2011 by the Honorable Chiweshe J. granting occupation to Chamunorwa Charles Mutyambizi of the farm subdivision 1 of Charmaine of Dryton in Seke District of Mashonaland Eat and ordering Jose Marcelino Goncalves and M.M Pretorius P/L to give vacant occupation of the said farm be... More

This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More

This is an application for direct access to the Constitutional Court (“the Court”) made in terms of s 167(5)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). The allegation is that the conduct of the Supreme Court violated the applicant`s fundamental rights as enshrined in s 56(1) of the Constitution. More

This is an opposed application for the removal of 1st respondent as the executor (Executrix Dative) in the estate of the late Grace Bellodi under DRB 283/17. More

The plaintiff and the defendant married each other in 1999 in terms of customary law. They upgraded their marriage to a civil one in terms of the Marriage Act [Cap 5:11] on 25 April 2004. Their marriage was blessed with a daughter Tatenda born on 14 March 2000. More

The petitioner challenged the respondent’s election as councilor during 29 March, 2008 harmonized elections. The matter was referred to the Electoral Court for determination of the following issues: 1. Whether the petitioner is properly before the court in the absence of security for costs; 2. Whether the first respondent obtained clearance in terms of s 119 (5) of the Electoral Act [Cap 2:13]; and 3. Whether the election of the first respondent is valid in the circumstances. More

This is an appeal against the decision of the National Hearing Committee of the National Employment Council for the Communications and Allied Services Industry (Appeals Committee) which upheld the dismissal of the appellant from employment. The appellant was dismissed from employment by the respondent’s Regional Hearing Committee (Disciplinary Committee) after it found him guilty of misconduct in terms of the communications industry’s Code of Conduct. More

The applicant and second respondent lived together as man and wife for about 10 years. Certain unhappy differences arose as a result of which they could no longer continue staying together. On 4 June 2001, second respondent issued summons against applicant claiming, inter alia, an order that House No. 5465 Budiriro Township be declared her sole and exclusive property. More

The appellant in this case was employed by the respondent as a fitter and turner in 1997. More

The Applicant is a Designated Agent with the National Employment Council under the Construction Industry (NEC Construction) duly appointed under the provisions of Section 63 of the Labour Act. The Respondent is a company, duly registered under the laws of Zimbabwe. Various claimants, who are not joined to this application, approached the National Employment Council for the Construction Industry alleging under payment of wages, non-payment of overtime, notice-pay and scrap allowances. They were also seeking payment of the minimum retrenchment package. The Respondent opposed the matter on the basis that the claimants were not its employees. After hearing the matter... More

This is an application for the confirmation of a ruling by the applicant in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01] as amended. More

On 26 January 2017, this Court in SC 1/17, adjudicating over the parties’ dispute,remitted the matter to the Labour Court (the court a quo)for a determination ofthe following issues: “To determine, on the basis of specific provisions of the Works Council Agreement concluded in September 2010 and the minutes accompanying the Agreement, and having regard to sworn evidence from the signatories to the agreement, whether or not the salaries and benefits stipulated in that agreement were intended to apply to the appellants.” More

This is an appeal against the whole judgment of the Labour Court (the ‘court a quo’) dated 6 May 2022, judgment number LC/H/108/22 in which it dismissed the appellants’ application seeking an order that the Works Council Meeting and Resolution of 15 September 2010 related to the appellants who were on fixed term contracts. More

This is an appeal against the decision of the Magistrates Court which granted the respondent’s claim for appellant’s eviction from Stand 4733 Ushewokunze, Harare. Despite the appellant’s opposition to the eviction claim on the basis that this stand was allocated to his wife Pelagia Nyemba, the court a quo made a finding that the respondent who was the plaintiff in the matter was the rightful owner of the stand in question. It ordered the eviction of the appellant and all those claiming occupation through him. More