This is an application for condonation of late noting of appeal. The application was lodged some three (3) years after the applicant’s dismissal from employment.I dismissed the application after reading the documents in chambers.
The facts of the matter are that the Appellant was dismissed from the Respondent’s employ for absenting himself from work without leave to do so.Efforts to call him for a hearing failed. More
1. This is a chamber application for dismissal for want of prosecution in terms of r 59 (15) (b) of the High Court Rules, 2021. The applicant seeks to dismiss an application for rescission of judgment filed under cover of case number HC 637/21 (main application). The order sought is couched in the following terms:
a. That the respondent’s court application for rescission of judgment under Case No. 637/21 be dismissed for want of prosecution.
b. Each party to bear its own costs of suit.
2. The application is opposed by the respondent. More
The hearing of argument on the preliminary points arising from this election petition was consolidated with hearings in seven other cases. I have already handed judgment in some of the eight petitions as I deemed it administratively convenient to hand down a judgment in respect of each petition, while making reference to the submissions made during the consolidated hearing. More
This case involves an ownership dispute in relation to Stand No. 4795, No. 1 Milner Road, Braeside, Harare. The issues for determination herein are as follows: (i) Did the plaintiff and/or the 4th defendant donate the property in question to the 2nd and 3rd defendants and, if so, on what terms? (ii) Did the plaintiff and/or the 4th defendant and/or the 2nd and 3rd defendants sell their respective rights in the property to the 1st defendant and did they authorise or notify or ratify the sale/transfer to the 1st defendant? (iii) Were the 2nd and 3rd defendants lawfully entitled to... More
Applicants were employed by the 2nd respondent in various managerial capacities. There were several investigations carried out upon the 2nd respondent. The Zimbabwe Anti-Corruption Commission and the Criminal Investigation Department carried out separate investigations. The latter’s investigation culminated in the arrest of the applicants and their placement on remand at Chinhoyi Magistrates’ Court. 2nd respondent proceeded to suspend the applicants which suspension hinged on the criminal matter filed with the court. The applicants were subsequently acquitted. More
This is an urgent application filed by the applicant on behalf of Ezenwafor Patience Onyeka, a minor child aged 16 years (the minor girl child) seeking the following relief: More
CHIGUMBA J: This is an urgent chamber application in which the applicants seek the following relief:
TERMS OF ORDER SOUGHT
That you show cause to this Honorable Court why a final order should not be made on the following terms:-
1. That the order and judgment in case No 112 9052/11 granted on 23 November 2011 by the Honorable Chiweshe J. granting occupation to Chamunorwa Charles Mutyambizi of the farm subdivision 1 of Charmaine of Dryton in Seke District of Mashonaland Eat and ordering Jose Marcelino Goncalves and M.M Pretorius P/L to give vacant occupation of the said farm be... More
This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
This is an application for direct access to the Constitutional Court (“the Court”) made in terms of s 167(5)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). The allegation is that the conduct of the Supreme Court violated the applicant`s fundamental rights as enshrined in s 56(1) of the Constitution. More
This is an opposed application for the removal of 1st respondent as the executor (Executrix Dative) in the estate of the late Grace Bellodi under DRB 283/17. More
The plaintiff and the defendant married each other in 1999 in terms of customary law. They upgraded their marriage to a civil one in terms of the Marriage Act [Cap 5:11] on 25 April 2004. Their marriage was blessed with a daughter Tatenda born on 14 March 2000. More
The petitioner challenged the respondent’s election as councilor during 29 March, 2008 harmonized elections. The matter was referred to the Electoral Court for determination of the following issues:
1. Whether the petitioner is properly before the court in the absence of security for costs;
2. Whether the first respondent obtained clearance in terms of s 119 (5) of the Electoral Act [Cap 2:13]; and
3. Whether the election of the first respondent is valid in the circumstances. More
This is an appeal against the decision of the National Hearing Committee of the National Employment Council for the Communications and Allied Services Industry (Appeals Committee) which upheld the dismissal of the appellant from employment. The appellant was dismissed from employment by the respondent’s Regional Hearing Committee (Disciplinary Committee) after it found him guilty of misconduct in terms of the communications industry’s Code of Conduct. More
The applicant and second respondent lived together as man and wife for about 10 years. Certain unhappy differences arose as a result of which they could no longer continue staying together. On 4 June 2001, second respondent issued summons against applicant claiming, inter alia, an order that House No. 5465 Budiriro Township be declared her sole and exclusive property. More