On 23 June 2010 the Magistrates Court granted judgment for sharing of property by the parties whose customary law union had come to an end. The judgment was not timeously executed and by operation of law the judgment become superannuated. On 23 June 2016 the respondent applied to the Magistrates Court for revival of the judgment which application was granted. More
On 22 August 2017 Angeline Zvarai (the 1st respondent) issued summons against Alexio Mandisodza (the applicant) claiming $880.00 arising out of two separate loans advanced to the applicant, the first being on 1 March 2015 amounting to $620 payable on 25 March 2017 and the second loan was payable on 5 May 2015 when first respondent lent the applicant $260. The purpose of the money advanced to the applicant was for him to clear rentals in arrear. Numerous promises had been given by the applicant to repay the money but all efforts were futile. More
Appellant was employed as a teacher at Rwizi Primary School. Following allegations of misappropriation of funds, Appellant was dismissed from employment. He has approached this Court for relief. Appellant’s main ground of appeal was that he was not heard when Respondent made the decision to dismiss him. Appellant further alleges that the Respondent did not state the amounts that he was supposed to pay back to the school More
This is an appeal against an appeal of the National Employment Council for the Commercial Sectors dated 5 February 2014. The Negotiating Committee in its findings stated that
“From the above observations a decision was made that the appellant indeed unlawfully took the US$30.00 belonging to the respondent with the intention to permanently deprive the company the use of such property. On those grounds the Negotiating Committee upheld the decision of the Mashonaland Local Joint Committee and dismissed the employee’s appeal.” More
This is an appeal by the employee against the decision of the employer finding him guilty and imposing a penalty of dismissal. The appellant raised a point in limine to the effect that the respondent had not responded by use of Form LC2 as required by the Rules of the court. Further there was no affidavit attached as required as per Form LC2. The appellant called for the response to be expunged and the matter to proceed unopposed. More
This case has become one of preliminary points. After disposing of the appellant’s preliminary points the respondent came up with its own preliminary point that was not in the notice of response nor in the heads of argument. As a point of law it could not be resisted. The point in law is that the grounds of appeal are new grounds, that they are therefore not permitted. More
The Prosecutor-General filed a notice in terms of s 35 of the High Court Act, [Chapter 7:06], indicating that he did not support the conviction of the appellant in the present appeal. More
The applicant brings an application to compel the return of his biscuit making equipment which is in the possession of the first and second respondents. More
This is an opposed court application seeking the cancellation of a mine registration certificate. The applicant avers that, sometime in 1985, he was resettled and allocated a plot measuring five (5) hectares, namely, Plot 19 Village 10, Msengezi Resettlement Area. On p 7 of the record marked Annexure “A” is a letter dated 17 February 2020 from the Department of Agricultural and Extension Services (AGRITEX) which, inter alia, reads: More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 23 March 2021. The application was placed before me and I directed that a copy of the application and a notice of set down be served on the respondents. The matter was set-down for 26 March 2021. More
The plaintiff issued summons against the defendants claiming specific performance in terms of an agreement between the parties, for payment of value of shares in the sum of $23 310.14. The plaintiff also claimed costs of suit. More
In this matter the applicants seek relief as couched below:
TERMS OF THE FINAL ORDER
IT IS ORDERED
1. That the provisional order granted in favour of the applicants in this matter be and is hereby confirmed.
2. The respondents who opposed the order shall pay the costs of this application on a legal practitioner and client scale.
INTERIM RELIEF GRANTED
Pending determination of this matter, the applicant is granted the following relief:
IT IS ORDERED
1. Thatpending the determination of the application for rescission filed by the applicants under HC 4457/22, the execution of the default judgment by the... More
On 14 July, 2017, the applicant was convicted by the magistrate at Chegutu Court on two counts of theft a defined in s 113 of the Criminal Law Codification and Reform Act), [Chapter 9:23]. The applicant was sentenced to 18 months imprisonment on the first count with 6 months suspended on conditions of good behaviour. On the second count he was sentenced to pay a fine of $100-00 or in default to serve a prison term of 3 months. More
This is an application for bail pending trial. The applicants are facing three counts of robbery, two counts of unlawful entry into premises and one count of theft as defined in sections 126, 131 and 113 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] respectively. More
The applicant is a duly registered company under the company laws of Zimbabwe. It is the registered owner of mining blocks in Nyazingwe area, Nyanga North under registration numbers G 2121, G 2122, G 2123, G 2124, G 2125 and M 1333 BM and the applicant states it has owned these mining blocks since 2008.
The first respondent was granted a special Grant SG 7222 and that special grant covers a space of 400 hectares.
The applicant contends that the first respondent’s special grant encroaches into its mining blocks G 2121 to G 2124. In addition applicant avers that first... More