This is an appeal against the whole judgment of the High Court “(the court a quo) sitting at Harare, dated 1 December 2021 declaring that the joint venture agreement, signed by the parties on 2 February 2018, is null and void in that it was signed without prior cabinet approval as required in terms of s 13 (1) of the Joint Ventures Act [Chapter 22:22] (the Act). More
1. This is a chamber application for condonation and extension of time within which to file a notice of appeal against part of the judgment of the High Court of Zimbabwe sitting at Bulawayo, being Judgment No. HB 16/22, handed down on 20 January 2022. More
The plaintiff instituted proceedings against the defendant claiming the following relief:-
“1. An order compelling the defendant to pass transfer to the plaintiff or his nominee, of a certain immovable property, being Lot 3 of Lot 1 of Swaite, measuring 45,4835 hectares situate in the District of Umzingwane.
2. An order directing the defendant to, within 21 days of the date of this order, execute all documents, and take all steps necessary to procure the transfer of the above-described property to the plaintiff, and authorising the Sheriff to execute all documents and take all actions in the defendant’s place and... More
KABASA J: The plaintiff got acquainted with one of the Directors of the defendant, Enos Mzondi Nkala in the 1980s. The two subsequently became friends. During the course of that friendship Nkala needed financial assistance, which the plaintiff provided. Mr. Nkala was unable to pay back what he had been given by the plaintiff and that saw the parties later agreeing on a business arrangement. Sometime in 2007 they entered into an oral Memorandum of Understanding wherein Mr. Nkala’s indebtedness to the plaintiff comprising of thefollowing: More
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of section 82(1) of the Parks and Wildlife (General Regulation SI 362/1990) as read with section 128 of the Parks and Wildlife Act (Chapter 20:14). The applicant denies the charges and avers that he has been wrongly implicated. The State opposes this application for bail on the basis that there are compelling reasons for applicant’s continued detention. More
This is an application for the confirmation of a provisional order granted by this court on 27th March 2020. The interim order is in the following terms:
That pending determination of this application the following relief is granted:
“1. That 1st and 2nd respondents and all those acting through them be and are hereby interdicted from conducting any mining operations at Bonsor South Mine and Bonsor South West Mine.
2. Should 1st and 2nd respondents and all those acting through them fail to comply with paragraph 1 above, respondents be found in contempt of court and should be arrested.” More
MAKONESE J: This is an urgent chamber application framed by the applicant as an urgent chamber application for a temporary interdict and consequential relief on the return date. The draft order is for the following relief:-
“TERMS OF INTERIM RELIEF
Pending the finalisation of this matter, the applicant is granted the following interim relief:-
(a) That the first respondent and all those claiming occupation through her be and are hereby interdicted from conducting any mining operations and/or collecting any mining ores from Bonsor SW mine and/or Olympia 7 mine forthwith.
(b) The second and third respondents be and are hereby... More
This is an application to set aside the order of this court for MABHIKWA J dated 7th July 2020. The application is brought in terms of Rule 449 of the High Court Rules 1971. The application is opposed.
On 2nd November 2020 I heard oral argument and reserved judgment in the matter. I indicated at the time that it appeared that 1st respondent was duly barred for failing to file heads of argument. 1st respondent’s counsel indicated that he intended to file an application for condonation for the late filing of such heads of argument. I did not deem it... More
The applicant seeks leave to appeal. At the hearing of the pre-trial conference in this matter, the applicant made an application to amend its plea (applicant is the defendant in the main matter.) I dismissed the application on 14 September 2018. On 21 September 2018 parties appeared before me for continuation of the pre-trial conference, the applicant then made an oral application for leave to appeal.
This is a matter that has taken a couple of turns and twists that have hindered its proper resolution on the merits. This is the second time parties intend to go on appeal to... More
1. This case concerns the validity of tax assessments.
2. The applicant is a company registered in accordance with the laws of Zimbabwe. The respondent is the Zimbabwe Revenue Authority [ZIMRA], a statutory body established in terms of s 3 of the Revenue Authority Act [Chapter 23:11], tasked with the administration and collection of revenues due in terms of various taxing statutes including the Income Tax Act [Chapter 23:06], [the Act]. The applicant approached the court on an urgent basis seeking an order on the following terms:
“FINAL ORDER SOUGHT
That you show cause why an order should not be... More
This is an urgent chamber application in which the applicant seeks a provisional order for the suspension of a garnishee placed by the respondent pursuant to an income tax assessment. More
The fall out between the parties centres on the jurisdiction of the taxing authority to issue additional assessments against the applicant. The applicant seeks an order setting aside notices of assessment issued by the respondent. This dispute pits the applicant, a taxpayer and the respondent, Zimbabwe Revenue Authority, (ZIMRA), an administrative authority created in terms of the Revenue Authority Act [Chapter 23:11], tasked with the obligation to collect taxes under the Income Tax Act [Chapter 23: 06], the Act. What started the wrangle between the parties is a tax assessment for the year ended 2019 which the applicant objected to.... More
Sometime in 1988 and 1994, the parties entered into a written retirement annuity policy namely number 7097386 and 7262909. In terms of the policy, the defendant undertook to pay monthly annuities to the plaintiff upon his retirement. Thereafter, the plaintiff advised the defendant of his retirement and demanded payment of monthly annuities as per the agreement.
The late Joshua Bechowitz Weller after consulting “experts” demanded monthly annuities of USD481.22 and USD61.26 respectively from policy number 7097386 and from policy number 7262909 effective from 1 April 2013 payable in arrears. Plaintiff has duly complied with his obligations under the respective policies... More
This is an application for the reinstatement of a pre-trial conference (PTC) which was erroneously deemed abandoned and lapsed by the registrar. The dispute has its roots case No. HC 211/20(the main matter) the latter which was claim bought an motion but referred to trial by the court after it was rules to be incapable of resolution on the papers. More
In this review application the applicants pray for relief as follows–
“IT IS ORDERED THAT:
1. The application for review succeeds.
2. The 2nd respondent’s decision to proceed with the trial of the applicants notwithstanding the provisional order in case No. HC 7206/20 be set aside.
3. The proceedings before the 2nd respondent held on 28 April 2021 be quashed.
4. That the decision made on 28 April 2021 in the trial of the applicants in case No. ACC 45-47/20 X Ref CRB HRE P 7566-8/20 be set aside.
5. The criminal matter of the applicants be placed before another... More
