This is an application for an interdict whose draft order is framed as follows:
“TERMS OF THE FINAL ORDER SOUGHT
That you must show cause (sic)this Honourable Court why a final order should not be made in the following terms:
1. The Applicant be and is hereby declared the 90% (ninety percent) shareholder in the 3rd Respondent. The 1st and 2nd Respondent (sic) shall do and sign all things necessary (sic) to endorse the said shareholding in favour of the Applicant on a CR 2 to be filed and issued at the companies registry within 10 day (sic) of this... More
This is an urgent chamber application for the following relief:
FINAL ORDER
“1. The execution by the respondent of the default judgment granted by this Honourable Court against the applicant on 14 September 2010 under case number HC 5254/10 be and is hereby stayed pending the final determination of application for rescission of judgment filed under case reference HC 7538/2010. More
The issue that falls for determination in this matter is relatively easy to formulate. The matter however took a long and rather tortuous road from the issuance of summons to presentation of argument before me by counsel as a stated case. More
This is an application for review. This follows the dismissal of the applicant by respondent following disciplinary proceedings. At the conclusion of the proceedings a default judgment was entered against the applicant. The applicant asserts that he was there and indeed initially the record shows that he was present. He says he excused himself and left the proceedings in order for him to go and collect his lawyer who was failing to locate the venue where the proceedings were being conducted. When he returned with his lawyer, he realized that the proceedings had continued during his absence. A determination was... More
Plaintiff issued summons against the defendant claiming payment of 80% of the market value of a 3litre engine Chevrolet Trailblazer motor vehicle in lieu of an executive perk allegedly due to him consequent upon an employment relationship. More
This is an appeal against the Respondent’s decision to dismiss the Appellant.
The Appellant was employed as a Maintenance Superintendent in the Engineering Department of the Respondent. Following allegations that the Appellant had interfered with a tender process by soliciting for a bribe from one Gwature, Appellant was charged. The Appellant was charged for contravening Sections 12 B (2) (b) (ii) and (iv) of the Labour Act. He was found liable by a Disciplinary Committee. An internal appeal was noted and it was unsuccessful. Appellant then appealed to this Court on the following grounds.
(1) That there was no evidence... More
This is an application for rescission of a default judgment entered against the applicant. He arrived at court ten (10) minutes after that judgment had been entered against him. This delay was caused by the fact that he travelled from Kwekwe which is over two hundred kilometres away from Harare where the court was being held. The appellant appears to have been keen to prosecute the matter. If he adopted a deliberate attitude in order to arrive late, the court still considers the effort he put. He will be given the benefit of doubt. He will be ruled not to... More
On 16 June 2022 a default judgment was granted in case number HC 4678/10 in the following terms; -
a. A decree of divorce be and is hereby granted.
b. Immovable property House number 421 Hobhouse Mutare together with household goods and effects are hereby awarded to the plaintiff.
c. Stand number 5070 Chikanga 3 is hereby awarded to the defendant.
d. Each party to bear its own costs More
The ghost of the Supreme Court judgment in Don Nyamande& Another vs Zuva Petroleum (Pvt) Ltd S 43/15 and the subsequent promulgation of the Labour Amendment No. 5 of 2015 continue to haunt many a Labour Court Judge. The Supreme Court judgment confirmed an employer’s right to terminate an employee’s employment contract on notice. The Labour Amendment Act sought to address the situation by providing for payment of certain terminal benefits in the amended section 12C. Employers have argued that the Act, in providing for retrospectivity, is ultra vires the Constitution and to this end applications have been made for... More
KABASA J: This is an application for bail pending appeal. I did not hear the parties as I decided to dispose of the matter on the papers in terms of Practice Direction 2/2021, a Practice Direction put in place in an effort to contain the spread of the corona virus.
The applicant appeared before a Provincial Magistrate sitting at Entumbane charged with one count of unlawful entry committed in aggravating circumstances as defined in section 131 (1) (a) as read with section 131 (2) (e) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded guilty to the... More
[1]This is an appeal against the whole judgment of the High Court sitting at Bulawayo (“the court a quo”) handed down as judgment number HB 188/24 wherein, after striking out all but one of the appellant’s several grounds of appeal against both conviction and sentence on the basis that they were invalid, it allowed the appeal in part, setting aside the sentence of 15 years imposed against the appellant and substituted it with one of an effective 12-years imprisonment. More
Plaintiff issued summons against defendant on 13 February 2020 with a claim of ZW$500 000.00 with interest at the prescribed rate from the date of judgment to date of payment in full and costs on a higher scale for contumelia and loss of consortium flowing from defendant’s adultery with his wife. More
This is an application to review the actions of the second and third respondents with regards the distribution of the estate of the late Lloyd Chimhowa, who died intestate on 3 December 2007. More
The applicant was convicted by the provincial magistrate Gweru after a protracted trial on a charge of theft as defined in section 113 of the Criminal Law Codification Reform Act [Cap 9:23]. He was sentenced to 12 months imprisonment of which 3 months imprisonment were suspended on condition of good behaviour and a further 2 months were suspended on conditions of restitution. The brief facts of the case are that the applicant was a school development chairperson and that he was disposed of school property that is bricks without following the laid down procedures. More
This is a consolidation of appeals filed by the appellants and respondent in Case No LC/H/766/14 and LC/H/819/14 respectively. The appeals emanate from the decision of the arbitrator. The arbitrator dismissed the appellants’ claims in respect of wage differentials allegedly perpetrated by the respondent and a further claim for a failure to establish a Job Grading Committee was equally dismissed. The arbitrator upheld the claim that the respondent should reinstate the Service Awards which was appealed against by the respondent. More
