This is an appeal against the whole judgment of the General Court Martial handed down at 1 Commando Regiment Harare on 27 September 2017 by Lieutenant Colonel Bhebhe. The appeal is in terms of s 80 of the Defence Act [Chapter 11:02] [The Act] More
This application is brought in terms of s 24(1) of the Constitution of Zimbabwe which provides as follows:
“24 ENFORCEMENT OF PROTECTIVE PROVISIONS
(1) If any person alleges that the Declaration of Rights has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may, subject to the provisions of... More
The applicant in this matter filed this application seeking the following relief:
“1. The respondent effect payment of the children’s school fees and all school expenses inclusive of the cost of school uniforms, school equipment and sporting equipment and all extra mural activities.
2. Respondent effect payment of US$150.00 by way of rental for the immovable property occupied by Applicant and the minor children.
3. Respondent effect payment of all medical aid subscriptions in respect of the children in Zimbabwe and medical shortfalls and ensure that the children are members of the BUPA Medical Aid Scheme.
4. Respondent effect payment... More
The applicant was seeking for an order in the following terms:
“IT IS ORDERED AND DECLARED THAT:
1. The applicant is the late IRVINE CHINHO’S surviving spouse and has all the rights and is entitled to privileges and benefits accorded by law to a spouse (wife) of the said deceased person;
2. The 2nd to 5th respondents be and are hereby interdicted from paying directly to the 1st respondent pensions, benefits or money owing or payable to the Estate of the late IRVINE CHINHO and be ordered to pay the same to the 6th respondent’s office;
3. The 6th respondent... More
The applicants and the respondent are embroiled in action proceedings in this court in HC 10410/14 and HC 10411/14. The respondent is the plaintiff in both actions, which were consolidated for purposes of trial. The cases could not proceed to pre-trial conference because of respondent’s failure to file documents necessary to progress the said matters to that stage. The applicants approached this court under HC 2211/21 for an order to compel the respondent to file the requisite documents. On 16 June 2021, CHITAPIJ granted the following order in chambers:
“IT IS ORDERED THAT
1. Respondent shall, within seven days from... More
This is an application for confirmation of a draft order made by the applicant. It is being made in terms of section 93 (5a) (a) & (b) of the Labour Act [Chapter 28:07].
The application was granted. The following are the reasons.
The facts of this matter which appear to be largely common cause are as follows. The
1strespondent dismissed the 2ndrespondent from employment. Such dismissal was reversed after the 2nd respondent had formally complained of unlawful termination of employment. The termination was done on 29 August 2016 and it was reversed on 16 November 2016. This means that the1st... More
The plaintiff operates a butchery from Muzarabani Business Centre in Mashonaland Central. In 2003, he thought of adding to his assets by having a freezer room installed at the butchery. He approached the defendant who in or about September 2003, gave him a quotation for installing a 6x8x8 cubic metre cold room for $13 million. In terms of the written quotation, the plaintiff was required to pay 50 % of the total cost as a deposit and to show confirmation of the order. A deposit in the sum of $5, 4 million was duly paid on 29 September 2003 and... More
This is an application for condonation of late noting of an appeal and for leave to prosecute the appeal in person. The application is opposed by the respondent.
The applicant was convicted of rape as defined in s 65 of the Code. He was sentenced to 18 years imprisonment of which four years imprisonment was suspended on condition of good behaviour, leaving an effective prison term of 14 years. The conviction was in terms of the judgment dated 2 August 2018. The instant application was filed in 2023. More
The accused was charged with contravening s 3(2) (a) as read with s 3(3) of the Gazetted Land (Consequential Provisions) Act, [Cap 20:28] in that during the period extending “from 21 November 20011 to date, JephanyTafirenyikaMwaluzah being an illegal settler or occupier of subdivision 1 of subdivision A of Lanark Farm, a piece of land situated in Beatrice and registered in the name of Kanjara Enterprises Limited, unlawfully and without authority from the acquiring authority, failed to cease to occupy the farm after its compulsory acquisition and allocation to ShunguMachingura”. He was charged in the alternative with criminal trespass as... More
The applicant and others are presently on trial in the High Court on allegations of theft of gold. The applicant faces a charge of defeating or obstruction the course of justice in contravention of section 184 (1) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. This charge arises from investigations into the theft of 28kgs of gold from Plumtree Police station Armoury on 15 August 2018. More
: On 6 October 2009 the plaintiff issued summons out of this court against the two defendants claiming US$3 013.00 being the cost of repairs caused to his motor vehicle by the alleged negligent driving conduct of the second defendant who was employed by the first defendant as a driver.
The basis of the plaintiff’s claim was that his motor vehicle was damaged as a result of the second defendant’s driving conduct at the corner of Willowvale and Nyandoro Road, Harare. More
On 23 January 2014 I granted an order in favour of the plaintiff. I did indicate that my reasons would follow. Here they are:
It never ceases to amaze me how simple contractual agreements entered into by parties with honest intentions end up being sources of disharmony warranting the intervention of our courts as adjudicators. More
This is an appeal against the Magistrate’s decision allowing the respondent to amend her summons in the court below. The context is as follows: In 2014, the appellant accidentally damaged the respondent’s car which he was driving without the respondent’s consent. In November 2016,the parties entered into an agreement whereby the appellant accepted liability. A memorandum of agreement was then signed in which the appellant and one other undertook to replace the vehicle within three months. It was further agreed that there placement vehicles should not exceed 100 000 km and that the value of the vehicle was US$4500.00. The... More
This is an appeal against an arbitral award.
The appellant was employed by the respondent on monthly fixed term contracts as a rigger for a period spanning two years. The last such contract expired on 31 August 2010. This was then replaced with a contract running from the 1 to 5 September 2010. This last contract was not renewed. More
This is an unopposed claim for general damages for an assault perpetrated upon the plaintiff at about midnight on 13 October 2009, by fourth, fifth and sixth defendants who are police officers. The plaintiff’s declaration merely narrates the events which or evidence of what occurred on the day in question rather than pleading the facts which constitute the cause of action. The declaration contains material which should be found in an affidavit rather than in a pleading. No wonder then that the affidavit of evidence filed in support of the quantum largely reproduces the contents of the declaration. Also, the... More
