On 15th June 2015 Arbitrator N A Mutongoreni issued an arbitration award. He found that the respondent committed an unfair labour practice by failure to pay appellants’ wages amounting to US$97 383-68. However he ordered that the amount be paid over a period of twenty months. The appellants then appealed to this Court. The respondent opposed the appeal. More
This is an exception to the plaintiff’s claim for damages for defamation on the ground that the words complained of carry no reference to the plaintiff and that the declaration makes no proper allegations of facts which would enable the ordinary reader to identify the plaintiff as the person defamed. The background to the dispute between the parties is as follows: More
The undisputed facts in this case are that the plaintiff being represented by Mr. Ernest Magome the director, carried out refurbishment works at the defendant’s school, Chitsere Primary School worth US$44 375.20. The defendant managed to pay the plaintiff an amount of US$23 700.00 leaving a balance of US$20 675.20. This balance is what the plaintiff is now claiming from the defendant together with interest at the prescribed rate and cost of suit.
The defendant is now refusing to pay the balance alleging that Mrs. Chuma who was the then Acting Headmistress of the defendant and also the chairperson of... More
The application has been brought before this court in terms of Section 31 of the High Court Act [Chapter 7:06] as read with Rule 95 of the High Court Rules, 2021. The applicant is seeking the relief couched in the following way:
“1. Within 10 days of the grant hereof the first respondent shall return to the fourth respondent the record dated 26 October 2020.
2. The fourth respondent shall set down for hearing case No. CIV”A” 43/20 within 10 days of receipt of the record from the first respondent. More
: In this automatic review matter the accused was charged and convicted of stock theft as defined in of s114 of the Criminal Law Reform and Codification Act, Chapter 9:23 after a contested trial. He was sentenced to 14 years imprisonment of which 2 years were suspended for 5 years on related conditions. One year imprisonment was suspended on condition of restitution of the sum of US$3859.00. He is serving an effective 11 year jail term. More
The Applicant seeks an order that:-
a) The second respondent be ordered to delete the entry in his register relating to first
Respondent register number SMS/96/81 now HMS/96/81 and any other entry that was made on the basis of the entry aforementioned; and
b) Respondents be interdicted from registering such Birth registry with ‘Mubaiwa’ as the first respondent’s surname. More
The applicant is a 20 year old resident of Chikowore village, Chief Chipuriro in the Guruve area. He was arrested and detained in custody on 26 June 2012 on allegations of aggravated indecent assault as defined in section 66 (11) (a) of the Criminal Law (codification and Reform) Act [Cap. 9:23]. More
The appellant was convicted by the court of the magistrate for the crime of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The first respondent, Masaisai Trust (the Trust) was born on the 8th March 1999 and it established itself at Corner Lorraine Drive & Neil’s Way Bluffhill Westgate, Harare. Kenias Mafukidze (1st applicant), Anna Brazier, Reuben Gwatidzo (2nd respondent), Charles Howat (5th respondent) and Mugove Walter, Nyika being the founding trustees and settlers. The Trust was established for a fundamental noble idea of forming an educational institution with educational facilities which produces well rounded pupils. It was to be administered by not less than five (5) and not more than ten (10) trustees. The first Trustees were to hold office for... More
The plaintiff was at some stage of the administration of the first defendant’s estate appointed to act as its curator, and later for a shorter period as its executor dative. He for the services he rendered to the first defendant claims fees in the sum of US$160 788.98, plus interest at the prescribed rate from the date of summons to the date of payment in full. The fees he claims were taxed by the Master’s office. They are therefore a liquidated claim. More
This matter was referred to me in chambers in terms of the provisions of Order 38, Rule 313 of the High Court Rules, 1971. The basic background is as follows:- More
This is an application for summary judgment in the sum of US $160 788.98. On 5 January 2011 the plaintiff issued summons for payment of US$160 788.98. In his declaration the plaintiff avers that he was appointed Curator Bonis of the estate of the late MuchineripiRishoniGonyora by the third defendant herein, the Master of the High Court. In that capacity he rendered professional services on behalf of the estate. On 3 March 2010 at a taxation hearing conducted by the second defendant he was awarded fees for the duties he had carried out. The award of fees was subsequently confirmed... More
This is an appeal against a decision of the Respondent’s Chief Executive Officer as the appellate body of the respondent which upheld the decision to dismiss the appellant from employment.
Having been aggrieved by the decision to dismiss him, the appellant appeals to this court on the following grounds:
(i) The employer grossly erred in convicting the Appellant in terms of Statutory Instrument 15/2006 yet the appellant was served with changes relating to Statutory Instrument 67/2012.
(ii) The appellant was charged with a non-existent offence.
(iii) There was inequality before the law.
(iv) There was no evidence warranting conviction.
(v)... More
The two records of proceedings suffer from the same procedural irregularity in relation to the disposal of the cases by way of trial on a guilty plea procedure as provided for in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The cases were dealt with by the same Magistrate at Mount Darwin Magistrates’ Court. More
This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim which was instituted by way of summons is for payment of a sum of US$150 000, being damages for malicious allegations against the plaintiff, resulting in pain, inconvenience, injury to reputation, self-esteem and serious depression; US$10 000 being loss of income as a result of unlawful closure of plaintiff’s business stand from 6 October 2015 to 22 October 2015; US$12 460 being loss of income as a result of the unlawful closure of plaintiff’s business stands for the... More
