This is an application for bail pending appeal which I heard on 13 November 2019 and dismissed in an ex tempore judgment primarily for lack of prospects of success. Applicant’s counsel has since requested for written reasons for my judgment and I provide them herein. More
The applicant is said to be a law officer at the Attorney General’s Office who has approached this court as a self-actor seeking a provisional order for a stay of execution of an order this court, per MAFUSIRE J, granted against him on 1 July 2013 in case number HC 6783/12, pending the determination of a rescission of judgment application he has filed in case number HC 7183/13. More
The plaintiff and the defendant were joined in holy matrimony on 8 December 1996 at Harare in terms of the Marriages Act [Cap 5:11] of the Laws of Zimbabwe. They had however commenced living together as husband and wife in terms of customary law in 1985. They were both born and bred in Zimbabwe. They have lived in Zimbabwe all their lives and consider it their country of domicile. More
The plaintiff issued summons claiming:
1. Payment of $135 964 920-00 being monies due and payable to the plaintiff in respect of unpaid salary and benefits in terms of the contract of employment which the plaintiff gave written notice to terminate beginning 1 October 2004
2. Interest from 1 January 2008 to date of payment in full calculated at the prescribed rate
3. The release of the Isuzu KB 320 registration No. 780-824W to the plaintiff within 48 hours of the date of this order and
4. Costs of suit.
Defendant entered an appearance to defend. More
The plaintiff and defendant were married to each other at Harare on 12 February 1988 in terms of the Marriages Act, [Cap 5:11]. Their marriage was blessed with two children of whom only one is still a minor. The minor child was born on the 11 March 1995. More
Irked by the conviction and sentence imposed by the court a quo the appellant approached this court on appeal. The appellant was convicted of indecent assault as defined in s 67 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 18 months imprisonment of which 6 months imprisonment was suspended for 5 years on conditions the appellant does not within that period commit any offence involving sexual abuse for which he is sentenced to imprisonment without the option of a fine. It is contented by the state that sometime in August 2018 at... More
The Appellant is appealing against the decision of Respondent to dismiss him from employment. The grounds of appeal are that;
(i) Appellant was on acknowledged indefinite sick leave from 29 September 2008.
(ii) The disciplinary hearing was conducted on the 12th of December 2008 in his absence.
(iii) Appellant was never notified of the charges or hearing.
(iv) The dispute was a result and continuation of the unfair labour practices perpetrated against Appellant by Respondent since 2006.
(v) Appellant wishes to have his case LC/H/823/12 and LC/REV/59A/11 consolidated. More
Applicant applied for review of his transfer by Respondent from Karoi to Rushinga. The transfer was the result of disciplinary proceedings. Applicant had been charged with misconduct. More
The applicant, Tendai Biti (“Biti”) is leader of the People’s Democratic Part and Vice – President of the Movement for Democratic Change- Alliance. He filed this application under s 27 of the High Court Act as read with r 62 of the High Court Rules, 2021. He is reviewing the decision of the magistrate who, on 31 August 2018 and sitting at Harare: More
This is an urgent chamber application for Mandament Van Spoliie and an interdict wherein the applicant seeks the following relief:
“1. 2nd to 4th respondents be and are hereby ordered to immediately restore possession of the red changfa compressor to applicant.
2. In the event of failure to comply with (1) above, the Sheriff of High Court be and is hereby ordered to take possession of the property mentioned in (1) above and restore applicant to such possession. The costs of such execution to be borne by the 2nd – 3rd respondents.
3. 2nd – 4th respondents together with their... More
The applicant applies for bail pending appeal. He was convicted on 8 counts of unlawful entry in aggravating circumstances as defined in s 131 (1) as read with s 131 (2) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. The applicant was alleged to have acted with his 3 accomplices and broken into several residences where they stole property between the period 6 October, 2013 to 6 March, 2014. The applicant was sentenced to various terms of imprisonment by count with some counts made to run concurrently and in some counts with portions of imprisonment terms being suspended... More
In March 2009 parties in this matter appeared before the Labour Court in an application for quantification of damages due to the applicant for unlawful dismissal.
The court issued an order whose relevant portion reads:
1. The respondent asked for the matter to be withdrawn from the roll as they are negotiating a possible settlement.
2. Should either party wish to resuscitate this application they can do so by writing to the Registrar. More
This matter was set down for hearing on 14 November 2013. At the commencement of the hearing Applicant’s legal practitioner made an application for postponement of the matter. The basis for her application was that she was not the one dealing with the matter and had been instructed to seek a postponement. One Chiwashira from the same law firm was dealing with the matter and was ill. She tendered a medical certificate from Doctor L.T. Matanhike which indicated that Fungai Chiwashira had been granted off duty from 13 November 2013 to 14 November 2013. More
That the authority of the State vests in the government of the day is, in my view, trite. That such authority is exercised through tiers of government should be common knowledge. Historically, tiers of government consisted, mainly, of the national government and local authorities. (See s 5 of the constitution). However, Zimbabwe, like other modern constitutional democracies, has embraced the new concept of tiers of government in terms of which the constitution requires the government to delegate certain of its traditional functions to commissions, agencies of government and entities wholly owned or controlled by the State (including companies), which, despite... More
