The applicants together with other seven co-accused persons are charged with five counts of armed robbery as defined in terms of s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Code”). More
In this urgent chamber application, the applicant seeks, ostensibly on an interim basis, an order directing the first respondent to hand over forthwith to the conveyancer, the original title deed for a certain property. The order is sought pending the return day. On the return day, the applicant seeks a final order compelling the first respondent to sign all the documents necessary to effect transfer of the property to the applicant, failing which the Sherriff should sign. Costs are sought on the higher scale.
[2] The background is largely common cause. It is this. By a written agreement of sale... More
The facts peculiar to this urgent chamber application are that the applicant and second respondent entered into a long-term lease in respect of a property known as Machipisa Bar and Silver Room Tavern, Stand No. 4292 Machipisa, Harare. The material terms of the agreement were that: the applicant would pay the sum of US$ 3 500, being the monthly rental payable on the first day of the month. In addition, the lease would expire in 2032, i.e. ten years from the date of signing. The applicant was also authorized to do construction work and to renovate the premises. The applicant... More
This is an appeal against the decision of the Magistrate Court in which the appellant, Kandrick Investments (the Appellant) was evicted from premises known as Stand 5856 Chaminuka Street, Mbare, Harare (commonly known as Vito Bar and Red Room Tavern). The first respondent, City of Harare, had brought a counterclaim for the eviction of the Appellant from the premises. The background to the counter claim was that the Appellant initially issued summons against the second respondent, Blessed Charakupa for his eviction from what it termed its premises known as Shop No. 94 B Kandrick, Vito Complex, Mbare, Harare. Appellant had... More
When this matter was first placed before me on 23 February 2012 I was of a very strong view that the matter did not deserve to be treated on urgent basis because of the apparent casual approach adopted by the applicant in its handling this matter. More
This is an opposed application. The background to this application is the following.
The applicant was employed by the first respondent as a General Manager. She left the employ of the first respondent on 30 September 2007. There are still issues yet to be resolved by the labour Court relating to the circumstances under which she left employment.
In addition to her employment the applicant avers that there was an agreement between her and the first respondent whereby she was entitled to a percentage share of the profits for each financial year. The applicant alleges that she was not paid... More
2. This is an appeal against the decision Magistrates’ Court sitting in Bulawayo given on the 7 April 2022. Appellant is charged with the crime of contravening section 125 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. It being alleged that on the 16 March 2022, and at Shonga Lodge, Bulawayo, he was found in possession of a white Toyota Prado registration number JS35DZGP (vehicle) in circumstances which gave rise to a reasonable suspicion that it was stolen. It is contended that a physical examination of the vehicle showed that the chassis and engine numbers were tampered with. More
On 23 February 2007, I delivered a hand written judgment after hearing the parties’ submissions in chambers. I made the following order:
“1. The Respondent, his family, workers and agents are hereby ordered to return to the Applicants the keys and locks to all sheds, barns, workshops, residences and pump houses pertaining to the buildings on the 376 hectare piece of land occupied by the Applicants in the Headlands area of the Makoni District (which land is hereinafter called “the farm”).
2. The Respondent, his family workers and agents are hereby ordered to restore Tsitsi Musariri and her children to... More
This is an application to confirm or discharge a Provisional order granted by this court on the 9th of August 2019. The brief facts are that the applicant filed an urgent chamber application for an Interdict stopping transfer of an immovable property known as a Certain 2 012 square metres of land called Stand 317 Waterfalls Induna Township of Subdivision A of Lot 24 of Waterfalls Induna of Waterfalls situate in the District of Salisbury held under Deed of Transfer Number 6175/07 pursuant to an Order granted by the Harare Magistrates Court under case number MC 418/18 which order was... More
This is an appeal against an arbitral award granted on 7 July 2014, in terms of which the respondent was ordered to pay the appellant certain amounts of money in fulfilment of a retrenchment package approved by the Minister of Labour and Social Welfare (the Minister). The arbitral award also disallowed certain items that had been approved in the retrenchment package.
Dissatisfied with the amounts awarded and the disallowances made by the arbitrator, the appellant lodged an appeal with this court. More
Appellant has appealed to this court against the decision of the respondent employer’s Appeals Committee which upheld his dismissal in a case where he was found guilty of falsifying records, forgery and fraud in contravention of the Zimbabwe Parks Wildlife Management Authority Code of Conduct. More
The applicant approached this court in terms rule 29(1) of the High Court Rules 2021 seeking rescission of a judgment granted by this court. The order sought was as follows:-
IT ORDERED THAT:
1. That the application for rescission of judgment granted by the court be and is hereby granted
2. That the judgment granted by the court under case number HC 3383/20 be and is hereby rescinded.
3. That the respondent be ordered to pay cost on legal practitioner scale
Parties argued their case after which they filed heads of arguments. The order was granted and here are my... More
This is an application for joinder to join the applicant to action proceedings filed by the first respondent under HC 3383/20 seeking to invalidate the acquisition of the farm which the applicant is occupying as a beneficiary. The present application is made in terms of r 32(12)(b) of the High Court Rules, SI 202 of 2021. More
This is an appeal against the whole judgment of the High court handed down on 11 October 2018, dismissing the appellants’ application with costs on the higher scale. More
