The applicant seeks an order for the ejectment of the respondent and any other person in occupation through him, from Stand 1741 Unit A, Seke, Chitungwiza (the property) and costs on a higher scale More
This is an appeal against an order of the magistrate dismissing an application by the appellant seeking the eviction of the respondent from House number 8844 Zengeza 3 (also known as 6 Gate Crescent, Zengeza 3, Chitungwiza), which property the appellant had alleged belonged to her late father. The appellant stated in her grounds of appeal that the court a quo had misdirected itself in relying on forged agreements of sale and receipts of payment which had been produced by the respondent and ignored the expert advice of a questioned documentary examiner More
On the 8th August 2001, Plaintiff’s husband Samuel Masiyatsva, died in a shooting incident involving the police and army officers who had been called to deal with industrial action involving employees of a company called Zimbabwe Iron and Steel Company (ZISCO). Plaintiff’s husband was one of about 4 000 employees who were involved in the industrial action. More
On 31 March 2017, I granted an order sought by the applicants and gave oral reasons for my disposition. By a letter dated 26 April 2017 the respondents requested for written reasons for judgment. More
[1] After hearing argument on a point in limine raised by the first and third respondents, this Court issued the following order:-
“1. The preliminary point raised by the respondents is upheld.
2. The matter is struck off the roll with costs.
3. The reasons for this order are to follow in due course.”
[2] What follow are the reasons for that order. More
In 1975 the applicant married the deceased in terms of an unregistered customary law union. On 26 June 1981 the parties registered their marriage in terms of the African Marriages Act [Chapter 238]. The parties have six children who are now adults. On 11 May 2018 the deceased married Masuku in terms of the Marriage Act [Chapter 5:11]. There is one minor child of this marriage. Obert Dube died on 4 January 2022. At the time of his death, both marriages were subsisting. On 19 November 2021 the deceased executed a Will, and on 14 February 2022 the Master of... More
The background to this matter may be summarized as follows, that the parties were married to each other, and their marriage was dissolved on 19 May 2022. The division of the assets of the parties was predicated on a consent paper. In respect of the immovable property, the court granted an order (HC 1131/21) couched as follows: -
“House No. 1449 Mahatshula North, Bulawayo be and is hereby awarded to the plaintiff and defendant on a ratio of 6:4 with the plaintiff being awarded 60% and the defendant 40% of the property. The plaintiff is awarded the option to buy... More
This is an application for rescission of a judgment which was granted in default (in chambers) on 5th August 2011 and the reasons were handed down in February 2012. The matter was dealt with as an unopposed matter. This was because opposition papers which were timeously served by the applicants on the respondent were not on record. The matter should have been clearly an opposed matter. The judgment was granted in error. The applicant was therefore not in wilful default. More
The history of this case is checkered. The applicant was arrested on 21 March 2018 and charged with the crime of murder as defined in s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was indicted for trial in the High court on 27 January 2020. His trial commenced without incident, before Honourable Justice Ndewere. In between his initial appearance in court and the commencement of trial, the applicant had unsuccessfully applied for admission to bail. The trial progressed to the point when the defence closed its case. Sometime in May 2020, the court directed both... More
The application before the court is for bail pending appeal. This application fallows the conviction and sentence of the applicant by the Magistrate Court Bindura. The applicant was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23].He was sentenced to 10 years imprisonment of which 4 years imprisonment was suspended for 5 years on usual conditions of good behaviour. The State opposed the application. More
The applicants obtained interim relief and on the confirmation date they sought the following final order, that;
“1. The purported appointments of the listed people as Holy Messengers and Evangelists be and is hereby declared unlawful and therefore null and void and be and is hereby set aside:-
1.1 Holy Messengers
a) Sethulo Chauke
b) Getrude Chitonho
c) Sizo Dube
d) Sithandiwe Ndlovu
e) Vavariro Jane Maphosa
1.2 Evangelists
a) Calvin Chauke
b) Tonderai Chitonho
c) Mthulisi Dube
d) Regis Ndlovu
e) Martin Maphosa
f) Tsistsi Moyo
g) Miriam Dube
2. The purported suspension of Smart Moyo and Simon Moyo... More
The Appellant was employed by the Respondent as Maintenance Clerk. He was arraigned before a disciplinary authority on 29th of January, 2008 facing two offences under the relevant Code viz. Offence 4: Refusing duty or legitimate order (means deliberate failure to follow legitimate order.) Offence 13: Neglect of duty or responsibility (means carelessly and intentionally ignoring one’s duty or responsibility). More
This matter was set down as an appeal against the guilty verdict and dismissal penalty which was meted out on appellant employee following a labour dispute pitting him and the respondent employer.
On the hearing date the appellant abandoned the appeal ground dealing with the guilty verdict but proceeded to address the court on the dismissal penalty. This judgment therefore addresses the penalty issue only. It is the appellant’s contention that dismissal was a drastic remedy in his case. He maintains that since the PSC regulations underscore the need for punishment to be corrective first it is his considered view... More
[ 1] Applicant is a constitutional entity responsible for the administration of the judicial service in Zimbabwe. Respondent is a former Judge of the High Court of Zimbabwe. She was removed from office on 17 June 2021 in circumstances briefly outlined below. Her removal triggered a series of legal suits between respondent, applicant and various other parties related to, or associated with applicant.
[ 2] This duplicity in litigation is reflected in the case of another former Judge of the Supreme Court and Constitutional Court of Zimbabwe, Mr. Francis Bere. The various disputes between Mr. Bere and the present applicant... More
