This an application made in terms of o 38 r 314 of the High Court Rules 1971 whereby the applicant seeks a review of the taxation of a bill of costs by the second respondent in favour of the first respondent. The bill was taxed on 23 February 2017 and an amount of $79 188.00, excluding VAT was allowed. The applicant was aggrieved by this decision hence the present application. More
This is an appeal against part of the judgment of the High Courtawarding to the respondent, sole ownership of thematrimonial home, the payment of US$7 199.74 from their joint Lloyds Bank account, and the payment of US$5 000 as contribution towards the respondent’s legal costs and costs of suit. More
The applicant is a 17 year old juvenile attending Form 3 at Hamilton High School, Bulawayo. He is facing a murder charge as defined in section 47 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the allegations of murder. The state is opposed to the granting of bail pending trial on the grounds that applicant is facing an offence specified under Part 1 of the Third Schedule to the Criminal Procedure and Evidence Act (Chapter 9:07), and therefore must discharge the onus on him to show that he is a good candidate for bail.... More
This is an appeal against an arbitral award in respect to one Sikirwai Gandi and Milestone Academy (MA). The arbitrator’s terms of reference were to determine whether or not the termination of the respondent’s contract of employment was lawful, the amount of salary arrears and the appropriate remedy.
The arbitrator found that the termination was unlawful and that Milestone Academy owed the respondent arrear salaries in the amount of $6 976-40. He ordered that the respondent be reinstated or alternatively that he be paid damages in lieu of reinstatement.
Before this court, a party known as Keith Robin Mungoshi filed... More
Applicant was employed by 1st Respondent as its Accounts Clerk. Applicant was suspended in June 2006 over allegations of misappropriation of funds and incompetence. The matter only saw the light of day when a report was made to the Labour Officer culminating in arbitration where the Arbitrator found in favour of applicant. Respondent appealed to this Court and in her judgment dated 27 September 2013 Justice Hove ordered that the matter be referred to the employer to hold a hearing within specified periods of time. More
The accused was arrested and detained in custody on 3 counts of murder and one count of attempted murder. He allegedly shot dead his girlfriend, her father and her sister. He also shot and seriously wounded his girlfriend’s mother in the same fracas.
He subsequently appeared in court and was remanded in custody where he remains incarcerated up to this date. More
The applicant appeared before a Regional Magistrate at Masvingo facing one count of rape. He was legally represented and at the end of a contested trial was convicted and sentenced to 20 years imprisonment with 5 years being suspended on condition of good behaviour. Irked by the trial court’s decision he filed a notice of appeal to the High Court Registrar. He now appeared before me on application for bail pending appeal. More
: This is an application for bail pending appeal. The applicant was convicted in November 2017 on one count of stock theft in contravention of s114 2(a)(i) of the Criminal Law (Codification and Reform Act) Chapter 9:23. The court did not find any special circumstances, it then imposed the mandatory sentence of 9 years imprisonment.
The applicant filed an appeal against conviction in 2022 after being granted leave by this court to do so under HC7/22. More
The brief background is that the applicant and the first respondent were involved in a road traffic accident on the 27th of June 2008. Under case HC 4750/11, the first respondent then issued out summons claiming damages for bodily injury. That action was defended with the applicant herein denying liability and lodging a counterclaim. The matter went up to pretrial conference stage, whereupon the applicant defaulted. His appearance to defend and plea were struck off and the matter was referred to the unopposed roll where the first respondent was awarded the equivalent in RTGS of US$82 500.00 at the official... More
The appellant seeks to appeal against an administrative decision by the employer not to proceed with his hearing after his resignation. Such an appeal if any cannot be made to this honourable court in terms of the Code of Conduct. The Code of Conduct (S.I.42/2022) only allows an appeal to lie to this honourable court against a decision of an appeals authority in determining a decision of a disciplinary committee. More
On 15th June 2015 Arbitrator N A Mutongoreni issued an arbitration award. He found that the respondent committed an unfair labour practice by failure to pay appellants’ wages amounting to US$97 383-68. However he ordered that the amount be paid over a period of twenty months. The appellants then appealed to this Court. The respondent opposed the appeal. More
This is an exception to the plaintiff’s claim for damages for defamation on the ground that the words complained of carry no reference to the plaintiff and that the declaration makes no proper allegations of facts which would enable the ordinary reader to identify the plaintiff as the person defamed. The background to the dispute between the parties is as follows: More
The undisputed facts in this case are that the plaintiff being represented by Mr. Ernest Magome the director, carried out refurbishment works at the defendant’s school, Chitsere Primary School worth US$44 375.20. The defendant managed to pay the plaintiff an amount of US$23 700.00 leaving a balance of US$20 675.20. This balance is what the plaintiff is now claiming from the defendant together with interest at the prescribed rate and cost of suit.
The defendant is now refusing to pay the balance alleging that Mrs. Chuma who was the then Acting Headmistress of the defendant and also the chairperson of... More
The application has been brought before this court in terms of Section 31 of the High Court Act [Chapter 7:06] as read with Rule 95 of the High Court Rules, 2021. The applicant is seeking the relief couched in the following way:
“1. Within 10 days of the grant hereof the first respondent shall return to the fourth respondent the record dated 26 October 2020.
2. The fourth respondent shall set down for hearing case No. CIV”A” 43/20 within 10 days of receipt of the record from the first respondent. More
: In this automatic review matter the accused was charged and convicted of stock theft as defined in of s114 of the Criminal Law Reform and Codification Act, Chapter 9:23 after a contested trial. He was sentenced to 14 years imprisonment of which 2 years were suspended for 5 years on related conditions. One year imprisonment was suspended on condition of restitution of the sum of US$3859.00. He is serving an effective 11 year jail term. More
