This is an application in terms of s 4 of the Administrative Justice Act [Chapter 10 :28] (AJA) in which applicants are seeking:
(a) An order declaring that first respondent did not comply with s3 of the AJA in the process leading to the award of a certificate in favour of the fifth respondent dated 21 September 2022.
(b) Consequential relief in the form of an order setting aside the environmental impact assessment certificate number 8000112357 dated 21 September 2022.
(c) An order directing the first and second respondent’s to consider the submission on behalf of the applicants and thereafter... More
This record of proceedings has been endlessly shuffled between Harare High Court and Masvingo High Court since the conviction and sentence of the accused and his co-accused in 2019. More
The short history of the matter is that on or about 19 February 2018, the applicants were involved in a shooting incident. On 20 March 2018, they issued summons out of this Honourable Court against the 5 respondents. They alleged in their declaration that first to third respondents, “mercilessly shot and assaulted them” on 19 February 2018 thereby causing them serious injuries. The forth and fifth respondents were sued in their various positions as employers of the first, second and third respondents. That matter was filed under case No. HC 2589/18. It is currently at the pleadings stage. More
On 5 December 2022 plaintiff issued summons against first defendant claiming:
(a) an order for the cancellation of the transfer of a certain piece of land situated in the district of Salisbury called stand number 357 Mandara Township of Lot 5 Mandara of the Grange, measuring 1, 0549 acres registered in favour of the first defendant under Deed of Transfer number 6751/2022.
(b) an order for registration of the property into Christy Wilkinson’s name under Deed of Transfer number 5277/1968.
(c) an order for the second defendant to cancel Deed of Transfer number 6751/2022 registered in the name of the... More
The applicant is one of the two surviving children of the late Norman Katsande and a beneficiary to his estate. He also purported to be acting on behalf of the other surviving child of the late Norman Katsande, namely, Milenda Tinashe Katsande who is still a minor. More
The appeal was noted in terms of Section 51 of the Public Service Regulations, Statutory Instrument I of 2000against a determination of the Disciplinary Authority of Judicial Service Commission handed down on 27 October 2011 which determination found the Appellant guilty of ‘Any act or omission inconsistent with prejudicial to the discharge of official duties including abuse of authority” and imposed a dismissal penalty with effect from 18 August 2011. More
The parties were in an unregistered customary law union entered into in 2010 which was dissolved in December 2021. During that time they had two children, one in 2010 and the other in 2016. The parties are before me in relation to the plaintiff’s claim whereby she seeks 50% of the value of a stand described as Stand No.7989 Fidelity, Southview Park, Phase 2 Harare. In addition she seeks the full value of one of the vehicles described as a BMW Registration Number AEE 3546 also acquired during their union. The summons were issued on 11 February 2022. Since at... More
This is an application for quantification of damages. This quantification came after the appellant who was employed as a Bank teller was dismissed by the respondent for failing to comply with standing instructions. Appellant appealed to the National Employment Council for the Banking Appeals Board and the board upheld his appeal. The Board ordered that appellant should be reinstated without loss of salary and benefits. The appellant (Stanbic Bank) then appealed to this court against this decision on the 20th of June 2011. More
Appellant was charged with one count of rape in terms of section 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. He pleaded not guilty. However after a trial had been conducted, he was found guilty of rape and sentenced to 12 years imprisonment of which 3 years imprisonment were suspended for 5 years, on condition that accused did not convict an offence of a sexual nature for which he is imprisoned without the option of a fine. More
Plaintiff issued summons claiming the following relief;
(a) That the agreement of sale be and is hereby cancelled.
(b) That second defendant be compelled to transfer stand number 3437, Highfield, Harare, to plaintiff within seven days from the date of this order failing which the deputy sheriff or his lawful assistant be authorized to sign all transfer documents on behalf of second defendant.
(c) That first and second defendants pay the costs of suit jointly and severally, the one paying the other to be absolved. More
The applicant seeks a Provisional Order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The respondents be and are hereby barred from interfering with applicant’s property, Mbizi Milling Company, and operations there other than in terms of a lawful order.
2. That the respondents shall bear the costs of this application on a legal practitioner and client scale jointly and severally the one paying the others to be absolved. More
When this matter came before me for Pre-trial conference on 31 July 2012, I gave directions to the plaintiff which are contained in the record. I also directed that the parties should hold a round table conference. More
This is a ruling in an interlocutory application made by Applicant for the upliftment of bar operating against heras a result of his failure to file heads of argument in time as stipulated by the Labour Court Rules, 2017. Some background information to the matter is however necessary.
The main application filed is an applicaton for condonation for late filing of an application for reinstatement of an application for condonation of late noting of a review. The Applicant is a former employee of the Respondent. In March 2019 through hererstwhile Legal Practitioner, Zimudzi & Associatesfiled an application for condonation of... More
The trial before me was a conflict among family members over inheritance. There is credence in the Shona saying, “Pfuma yenhaka inoparadza ukama!” Literally, inheritance destroys family ties. More
The applicant is a medical practitioner. In 2015 he appeared before a disciplinary committee duly constituted in terms of s 112 (2) of the Health Professions Act [Chapter 28:19] facing three counts of performing acts pertaining to the profession or calling in an unethical, improper or disgraceful manner alternatively improper or disgraceful conduct, when regard is had to his profession or calling. More
