This is an appeal against part of the judgment of the Labour Court sitting at Harare dated 8 February 2019. The courta quoupheld the first and second respondent’s (‘the respondents’) appeal and dismissed allegations of misconduct made by the appellant against them. The courta quo further set aside the penalty of a reprimand and ordered that the respondents should be paid theirfull salary and benefits from the date when they were suspended from employment. More
The plaintiff initially claimed payment of US$350 and US$250 respectively for unpaid rentals and malicious damage to her property. She also sought damages for pain and suffering in the sum of US$2500 for unlawful arrest on a charge of extortion instigated by the defendant. The defendant used to be the plaintiff’s tenant in certain cottages owned by the plaintiff at a property in Greendale, Harare. More
I am dealing with this matter in terms of section 89(2) (a) of the Labour Act (Chapter 28:01). The parties to this matter have filed the requisite documents. The Registrar wrote to the Appellant informing her of the need to pay the Sherriff’s costs to enable the matter to be set down. There was no response to this letter. The matter has thus been referred to me for directions. As stated earlier, I have noted that both parties have filed their heads of argument and therefore I will proceed to determine the matter. More
The applicant and the first respondent are husband and wife being married in terms of the Marriage Act [Chapter 5:11] and the marriage still subsists. What has brought the parties before the court is not a matrimonial dispute but consequences arising from a commercial transaction concluded between the first respondent and the second respondent Tynserve Distributors (Pvt) Ltd. The latter has attached half share of a jointly owned property. More
At the hearing of this matter, the parties agreed that the court should proceed to hear the application for review first.
The applicant was in this case employed in a managerial position by the respondent. She was alleged to have committed several acts of misconduct. A hearing was conducted and the applicant was found guilty and dismissed.
She was aggrieved by the decision to both find her guilty and to dismiss her. She noted an appeal with the Appeals Committee. More
This chamber application was placed before me curiously titled, “Chamber application for the Master’s Consent in terms of order 32, Rule 249(1) (b). The relief sought was the ‘approval’ for the sale of stand 16834 Ruwa township of Sebastopol measuring 300 square metres held under Deed no. 3534/2009. This property is currently registered in the names of the applicant and her minor child one Ryan Tafadzwa Chipere. The chamber application in its heading completely misses the mark as it is not the role of the Master of the High Court to ‘consent’ to sales of properties belonging to a minor... More
This is an application for the setting aside of the decision of the first respondent, the Master of the High Court (hereinafter referred to as “the Master”), in terms of which the first respondent dismissed an objection to the Second Interim Liquidation and Distribution Account prepared by the second respondent in respect of the company known as Kunganda Farm (Private) Limited. More
This is an urgent chamber application in which the applicants seek in the interim a stay of the proceedings in the Magistrates Court Case No. MC7485/10. The final relief sought is that the first, second and third respondent be interdicted from continuing with “the execution of the default judgment granted by the first respondent under case number MC7485/10.” More
On 31 July, 2012 a legal entity which is known as Roberts Drive Investments (Private) Limited (“Roberts”) sold to Kangausaru Investments (Private) Limited (“Kangausaru”), the first respondent herein, 3000 Class F Shares. The shares relate to Unit No. 8, 75 Roberts Drive, Msasa, Harare (“the property”). More
On 14 March 2023, the Supreme Court set aside this Court’s judgment and made the following Order:
“1. The appeal be and is hereby allowed with costs.
2. The judgment of the court a quo be and is hereby set aside and substituted with the appeal be and is hereby allowed. More
On 24 October 2017, my brother Judge, FOROMA J granted a provisional order in favour of the applicants in the following terms;
IT IS HEREBY ORDERED THAT:
TERMS OF THE FINAL RELIEF
That you show cause to this Honourable Court why a final order should not be made in the following terms
1. 1st respondent be and is hereby compelled to release all documents necessary to enable applicants to exercise their right of first refusal in respect of a certain piece of land situate in the District of Salisbury measuring 9465 square metres held under deed 3351/73 otherwise known as... More
The plaintiff and the defendant were joined in holy matrimony in terms of the Marriage Act [Chapter 5:11] on 16 May 1994 at Harare and their marriage still subsists.
Their marriage was blessed with two children who are now of majority status.
The marriage relationship between the parties has hit rock bottom such that on 15 July 2015 plaintiff lodged thisaction seeking dissolution of the marriage and the distribution of the assets of the spouse in terms of the Matrimonial Cause Act, [Chapter 5:13]. More
The background of this matter is that applicants and respondents have a dispute regarding issues at the 8th and 9th respondents being a church in Zimbabwe but also headquartered internationally overseas. Applicants are disgruntled with the manner in which the constitution of the church in Zimbabwe from the founding affidavit and the rest of the papers although the draft order (clause (9)) thereof is relating to the constitution of 1st respondent yet 1st respondent per the founding affidavit is a natural person. There is seemingly a problem there. The applicants also have an issue with the way they were evicted... More
MAKARAU J: The parties were married at Hwange on 12 January 1990. The marriage still subsists. There are two minor children of the marriage, namely Ngoni Rutendo, a daughter aged thirteen, and Kudzaishe Anesu, a son, aged 10. Certain differences have crept into the relationship between the plaintiff and the defendant, resulting in the plaintiff instructing her legal practitioners to issue summons out of this court, claiming a decree of divorce, an order granting her custody of Ngoni and Kudzaishe, maintenance for the minor children and an award of the assets of the matrimony under section 7 of the Matrimonial... More
This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument. The second respondent did not file a notice of opposition and as a result the court took it that he will abide by the decision rendered. The applicants through the urgent chamber application seek an interdict and on the return date a review. Ordinarily an application for review should be filed separately but given the prevailing COVID lockdown and... More
