The plaintiff issued civil summons in May 2004 sounded in Zimbabwe dollars. The plaintiff was claiming from the defendant;
1. $248 292,38 for past medical expenses
2. $1 292 460,00 for future medical expenses
3. $6 000 000,00 for psychological injury, loss of general health and loss of amenities of life.
4. $5 000 000,00 for contumelia, humiliation and defamation
5. $115 136 000,00 for loss of pension benefits
6. $411 300 774,00 for loss of earnings
7. Interest on all the above at the prescribed rate from the date of service of summons to date of full payment.
8.... More
I decided to write this judgment despite that this is an unopposed matter. The reason for this rather unusual course of action will become more apparent later in this judgment. Suffice to say that this was mainly because of the procedural frailities inherent in this review application and the order being sought in the matter set on the unopposed motion roll. I also invited Mr Mbwachena to address me on legal problems apparent in this matter and unfortunately he appeared unprepared and unhelpful. More
The remedy sought by the applicant, on an urgent basis, was rather unusual. For a final order, he wanted the court to declare, in the main, as being unlawful and a breach of his constitutional rights, the respondents’ conduct in barring him from retiring from the police force after having reached the pensionable service. Ancillary to that, was a request to set aside the respondent’s letter communicating that decision. More
The matter was placed before me as an appeal against the determination by the Public Service Commission confirming the decision by the Respondent to discharge the Appellant from employment with effect from after duty on 9 November 2009. More
MABHIKWA J: On 17 July 2020, the applicant sought confirmation of a Provisional Order granted by this Honourable Court on 24 July 2019. Only the 1st and 3rd respondents opposed the confirmation of the said Provisional Order. This court confirmed the Provisional order into a final order and below are the court’s reasons for the confirmation.
In his application, the applicant had contended that sometime in 2009, he purchased some mining claims from the now late Cosmas Matare. The mining claims are located on Loith Hill Farm in Zhombe. They are known as Maligreen 34 Mine. He proceeded to register... More
This is an urgent chamber application. The applicant is seeking the following interim relief;
“1. The second, fourth and fifth respondent are hereby interdicted from transferring the immovable property known as Number 1110 South View Uplands, Waterfalls, Harare to the 3rd respondent.
2. The first respondent shall not enforce the orders granted by this Honourable Court in Case No. HC 6626/05 and by the Magistrate in Case No. 11317/05.
3. This provisional order shall remain in operation notwithstanding the noting of the appeal against it.” More
: The Six appellants were convicted of contravening s 4 as read with s 3 (1) (a) of the Domestic Violence Act [Chapter 5:16)] (hereinafter called The Domestic Violence Act) Five of them were each sentenced to 12 months imprisonment of which 4 months imprisonment were suspended for 5 years on the usual conditions of good behavior while the third appellant was cautioned and discharged because he was a minor. More
On the night of 3 June 2003 at about 2100 hours the plaintiff had retired to bed with his beloved wife and 4 year old child at their rented lodgings being No. 6950A Western Triangle in Highfield Harare, a house he shared with another lodger, one Chipo Simango, when their house came under heavy attack. The plaintiff, then employed by Winfield Clothing Industries of Southerton as a tailor, was blissfully enjoying his sleep when the serenity and comfort of the night was abruptly and violently interrupted by heavy banging of the door and shouting. More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].It being alleged that on the 26 March 2021, applicant in the company of other accomplices used violence, or threats of immediate violence upon one Zenzo Proud Nkomo to relinquish control over 200 kgs of pregnant gold carbons and one 303 rifle, the property of Lone Mine. More
DUBE-BANDA J: This is a divorce matter. The parties were married to each other on the 23rd April 1996, which marriage still subsists.Five children were born of the marriage. All the children are now adults. The plaintiff instituted divorce proceedings, issuing summons in this court for a decree of divorce and ancillary relief. The divorce action is founded on the basis that the marriage relationship between the parties has irretrievably broken down and has reached such a state of disintegration that no reasonable prospect exists for the restoration of a normal marriage relationship between the parties. More
The 1st appellant is an Agronomist in the Hurungwe District of Mashonaland West. The 2nd appellant is farmer in Karoi. They were jointly charged with fraud in contravention of s136 of the Criminal Law [codification and Reform] Act (Chapter 9:23). The offence relates to fraud in respect of agricultural inputs supplied by the Government. More
1st to 16th applicants are all employees of the 1st respondent and they all subscribe to the 17th applicant, a trade union duly registered in terms of the Labour Act (Chapter 28:01) (The Act). In this application they seek the following relief:
“1. The application for a declaration of rights be and is hereby granted.
2. The Collective Bargaining Agreement National Employment Council for the Cement & Lime & Allied Industry, 2004, be and is hereby declared to be lawful and binding on the 1st and 2nd respondents.
3. The variation of the contracts of employment of 1st to 16th... More
The applicants were charged and convicted of robbery as defined in section 126 (2) of the Criminal Law Codification and Reform Act (Chapter 9:23) by a Regional Magistrate sitting at Gwanda on 28th October 2021. Applicants were each sentenced to 10 years imprisonment of which 2 years were suspended for 5 years on the usual conditions of future good conduct. Dissatisfied with both conviction and sentence applicants filed an appeal with this court. The applicants now make an application for bail pending appeal. The application is opposed by the state. More
The applicant holds a Master’s Degree in Finance. He was last employed as the Group Financial Officer of a mining company. He was also a board member of the company. At the time of the hearing of this application, he was no longer so employed. In fact, he was out of employment. He lost his employment with the mining company in circumstances that led in part to this application More
On the 9thJanuary 2020 Respondent’s Chief Executive Officer reversed their Disciplinary Committee’s determination. In place therefore he ruled that Appellant be demoted from the position of Quality Assurance Officer to the position of Handling Supervisor. Appellant then appealed to this court against the decision of the CEO. Respondent cross appealed the CEO’s decision. In due course the matter was set down for hearing.
At the onset of oral argument Appellant raised a point in limine . He argued that there was no proper Response to his appeal. Rule 19 (2) of this Court’s Rules
incorporated as S.I. 150/17 requires that... More
