The applicant issued summons claiming against the defendants, jointly and severally, the one paying the others to be absolved, payment of the sum of $1 702 451.00, arising from moneys lent and advanced to the first defendant for which second and third defendants stood as sureties. More
On April 27th 2018 applicant filed an urgent chamber application for suspension of a sale in execution of a dwelling in terms of Rule 348A (5b) of the High Court Rules, 1971.
In line with rule 348A (6) l treated this matter as urgent. I caused it to be set down for May 2nd at 2.30pm for hearing as soon as it was allocated to me.
Opposing papers were duly filed on April 30th 2018, and served. The parties and their legal practitioners appeared before and, by consent, the matter was postponed to May 3rd 2018 at 9.00am to enable... More
This is an appeal against the decision of the National Employment Council for the Commercial Sectors Appeals Body (NECCS). It confirmed the Local Joint Committee (LJC) decision where it upheld the guilty verdict for appellant and confirmed his dismissal penalty. Background to the matter is that appellant who was in the respondent’s employ had occasion in November 2014 to be suspended from employment without pay and benefits following allegations of abusing his staff account to purchase goods using the same and taking the cash equivalent which the customers would have paid. He was also said to have increased his credit... More
This is an application for review which was made possible by the order granted by my brother MATHONSI J (as he then was) on 14th day of April 2016 in which he granted the applicant condonation to file the application. More
This is an application in terms of s 85(1) (a) and (d) of the Constitution of Zimbabwe (hereinafter referred to as “the Constitution”), in which the applicant seeks the relief set out in the draft order. The draft order seeks the declaration of s 95(1(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Act”) as unconstitutional. The applicant was charged with contravening the above section. The applicant also seeks an order declaring certain conduct of the State unconstitutional. More
At the onset of oral argument in this Court 1st respondent raised 3 (three) points in limine which applicant opposed. The points shall be dealt with ad seriatim.
1. That the deponent to the founding affidavit does not have authority to institute these proceedings:
The founding affidavit was deposed by Ms Lisa Zvinavashe in her capacity as the attorney for applicant. Respondent argued that Zvinavashe could not institute legal proceedings without a board resolution authorising her to do so. In furtherance of this argument reliance was placed on the matter of Dube v PSMAS 2019(3) ZLR 589 (S) at paragraph... More
The background to the matter is that the employee approached the Labour Court on a damages claim against the employer despite the fact that the parties had entered into an agreement where they had settled their labour dispute vis what the employer owed the employee. When the matter was set down for hearing the employer defaulted giving rise to a default judgement in favour of the employee. The employer applied for rescission of the default judgement but its application was saddled with irregularities which the employee raised as points in limine. More
This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows:
“TERMS OF INTERIM RELIEF SOUGHT
It is ordered that:
1. The sale of the property known as LOT 5 of LOT 264 Greendale Township, Harare also known as No 1 Sancha Close, Greendale, Harare be and is hereby suspended pending the final determination of this application.
2. The applicant and the first respondent be given until the 14th October 2011 to come to an agreement on the property failing which the applicant shall institute any necessary proceedings within seven days of the... More
: On 5 November 2006, the plaintiff issued summons out of this court, claiming the sum of $50 million as damages for an assault allegedly perpetrated upon her by members of the Zimbabwe National Army. The claim was resisted and the matter was referred to trial to determine whether the plaintiff was assaulted by members of the national army and if so, whether she is entitled to the amount of damages claimed. More
The Applicant and the 1st Respondent are engaged in a mining dispute. The default judgment order was served on the Applicant on the 13 of June 2023. She contends that, that is the first day and time she first knew of the matter under HC157/23. As soon as she became aware of the Default Judgment order she mounted an application for the rescission of that judgment under case number HC 1299/23 in this court. More
The applicant, a holder of mining rights in Zhombe, defaulted in submitting the statutory inspection fees resulting in the forfeiture of her mining claims by the first and second respondents. The claim against the third respondent was withdrawn during the course of the parties’ reciprocal pleadings. More
This is an application in terms of Order 13, r 87 (2) (b) of the High Court Rules, 1971 (then applicable) where the applicants seek to be joined (as fourth and fifth respondents) to proceedings under HC 3727/20. The applicants aver that they have a direct and substantial interest in the issues involved in HC 3727/20. At this juncture, it is relevant to state that Zuva Petroleum Two (Pvt) Ltd brought an application for joinder to the same proceedings under HC 4323/20, which I granted in a judgment delivered as HH 55-23. More
This is an urgent chamber application for leave to execute pending appeal.
The background facts are these:-
The applicants obtained judgment (HB 280/21) in their favour in case number HB 1917-21. The respondents were found to have despoiled the applicants when they took occupation of 145 hectares at Esidakeni Farm on the basis of an offer letter but without following due process with regards to the eviction of the applicants who were in peaceful and undisturbed occupation of the property. The effect of the judgment was to order the respondents’ eviction from the farm on the basis that they ought... More
: The history of the matter is as follows:-On 15 January 2018, the applicant filed an urgent application for registration of a caveat against a certain property namely subdivision 6 of Lot 1 A Greendale otherwise known as 3 Rhodesville Avenue, Greendale Harare. More
The appellant was arraigned before the Magistrates’ Court sitting at Harare on the following charges. Firstly, 66 counts of theft as defined in s 113(2)(c) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] alternatively theft as defined in s 113(2)(d) of the same Act. Secondly, 73 counts of fraud. He was convicted after a lengthy trial of 66 counts of theft and of 70 counts of fraud. He was found not guilty and acquitted on the alternative charge of theft. He was sentenced as follows. All the theft counts were taken as one for purposes of sentence and... More
