The background to this matter may be summarized as follows, that the parties were married to each other, and their marriage was dissolved on 19 May 2022. The division of the assets of the parties was predicated on a consent paper. In respect of the immovable property, the court granted an order (HC 1131/21) couched as follows: -
“House No. 1449 Mahatshula North, Bulawayo be and is hereby awarded to the plaintiff and defendant on a ratio of 6:4 with the plaintiff being awarded 60% and the defendant 40% of the property. The plaintiff is awarded the option to buy... More
This is an application for rescission of a judgment which was granted in default (in chambers) on 5th August 2011 and the reasons were handed down in February 2012. The matter was dealt with as an unopposed matter. This was because opposition papers which were timeously served by the applicants on the respondent were not on record. The matter should have been clearly an opposed matter. The judgment was granted in error. The applicant was therefore not in wilful default. More
The history of this case is checkered. The applicant was arrested on 21 March 2018 and charged with the crime of murder as defined in s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was indicted for trial in the High court on 27 January 2020. His trial commenced without incident, before Honourable Justice Ndewere. In between his initial appearance in court and the commencement of trial, the applicant had unsuccessfully applied for admission to bail. The trial progressed to the point when the defence closed its case. Sometime in May 2020, the court directed both... More
The application before the court is for bail pending appeal. This application fallows the conviction and sentence of the applicant by the Magistrate Court Bindura. The applicant was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23].He was sentenced to 10 years imprisonment of which 4 years imprisonment was suspended for 5 years on usual conditions of good behaviour. The State opposed the application. More
The applicants obtained interim relief and on the confirmation date they sought the following final order, that;
“1. The purported appointments of the listed people as Holy Messengers and Evangelists be and is hereby declared unlawful and therefore null and void and be and is hereby set aside:-
1.1 Holy Messengers
a) Sethulo Chauke
b) Getrude Chitonho
c) Sizo Dube
d) Sithandiwe Ndlovu
e) Vavariro Jane Maphosa
1.2 Evangelists
a) Calvin Chauke
b) Tonderai Chitonho
c) Mthulisi Dube
d) Regis Ndlovu
e) Martin Maphosa
f) Tsistsi Moyo
g) Miriam Dube
2. The purported suspension of Smart Moyo and Simon Moyo... More
The Appellant was employed by the Respondent as Maintenance Clerk. He was arraigned before a disciplinary authority on 29th of January, 2008 facing two offences under the relevant Code viz. Offence 4: Refusing duty or legitimate order (means deliberate failure to follow legitimate order.) Offence 13: Neglect of duty or responsibility (means carelessly and intentionally ignoring one’s duty or responsibility). More
This matter was set down as an appeal against the guilty verdict and dismissal penalty which was meted out on appellant employee following a labour dispute pitting him and the respondent employer.
On the hearing date the appellant abandoned the appeal ground dealing with the guilty verdict but proceeded to address the court on the dismissal penalty. This judgment therefore addresses the penalty issue only. It is the appellant’s contention that dismissal was a drastic remedy in his case. He maintains that since the PSC regulations underscore the need for punishment to be corrective first it is his considered view... More
[ 1] Applicant is a constitutional entity responsible for the administration of the judicial service in Zimbabwe. Respondent is a former Judge of the High Court of Zimbabwe. She was removed from office on 17 June 2021 in circumstances briefly outlined below. Her removal triggered a series of legal suits between respondent, applicant and various other parties related to, or associated with applicant.
[ 2] This duplicity in litigation is reflected in the case of another former Judge of the Supreme Court and Constitutional Court of Zimbabwe, Mr. Francis Bere. The various disputes between Mr. Bere and the present applicant... More
This is an appeal against part of the judgment of the Labour Court sitting at Harare dated 8 February 2019. The courta quoupheld the first and second respondent’s (‘the respondents’) appeal and dismissed allegations of misconduct made by the appellant against them. The courta quo further set aside the penalty of a reprimand and ordered that the respondents should be paid theirfull salary and benefits from the date when they were suspended from employment. More
The plaintiff initially claimed payment of US$350 and US$250 respectively for unpaid rentals and malicious damage to her property. She also sought damages for pain and suffering in the sum of US$2500 for unlawful arrest on a charge of extortion instigated by the defendant. The defendant used to be the plaintiff’s tenant in certain cottages owned by the plaintiff at a property in Greendale, Harare. More
I am dealing with this matter in terms of section 89(2) (a) of the Labour Act (Chapter 28:01). The parties to this matter have filed the requisite documents. The Registrar wrote to the Appellant informing her of the need to pay the Sherriff’s costs to enable the matter to be set down. There was no response to this letter. The matter has thus been referred to me for directions. As stated earlier, I have noted that both parties have filed their heads of argument and therefore I will proceed to determine the matter. More
The applicant and the first respondent are husband and wife being married in terms of the Marriage Act [Chapter 5:11] and the marriage still subsists. What has brought the parties before the court is not a matrimonial dispute but consequences arising from a commercial transaction concluded between the first respondent and the second respondent Tynserve Distributors (Pvt) Ltd. The latter has attached half share of a jointly owned property. More
At the hearing of this matter, the parties agreed that the court should proceed to hear the application for review first.
The applicant was in this case employed in a managerial position by the respondent. She was alleged to have committed several acts of misconduct. A hearing was conducted and the applicant was found guilty and dismissed.
She was aggrieved by the decision to both find her guilty and to dismiss her. She noted an appeal with the Appeals Committee. More
This chamber application was placed before me curiously titled, “Chamber application for the Master’s Consent in terms of order 32, Rule 249(1) (b). The relief sought was the ‘approval’ for the sale of stand 16834 Ruwa township of Sebastopol measuring 300 square metres held under Deed no. 3534/2009. This property is currently registered in the names of the applicant and her minor child one Ryan Tafadzwa Chipere. The chamber application in its heading completely misses the mark as it is not the role of the Master of the High Court to ‘consent’ to sales of properties belonging to a minor... More
This is an application for the setting aside of the decision of the first respondent, the Master of the High Court (hereinafter referred to as “the Master”), in terms of which the first respondent dismissed an objection to the Second Interim Liquidation and Distribution Account prepared by the second respondent in respect of the company known as Kunganda Farm (Private) Limited. More
