On 11 August 2023 applicants filed their answering affidavit and heads of argument. It is noted that on 3 August 2023 first respondent filed the first notice of opposition, the opposing affidavit of which does not have a date endorsed on by the commissioner of oaths. Contrary to what was agreed and ordered on 4 August 2023, by 17 August 2023 first respondent had not filed anything. It was only after follow ups were made that a supplementary notice of opposition was availed. Strangely the notice of opposition (supplementary) availed is dated 2 August 2023 and the opposing affidavit whose... More
1. This is an application for condonation and reinstatement of appeal. The application is brought in terms of r 70 (2) of the Supreme Court Rules 2018. If successful, the applicant intends to appeal against the whole judgment of the High Court under case number HCH 4750/11. The judgment was handed down on 12 February 2024 under judgment number HH 64/24. More
On the 28th of November 2022 the applicant was invited for a disciplinary hearing .He was alleged to have violated Part VI Group 4 of the National Employment Council for the Commercial Sector Employment Code of Conduct and Grievance Procedures (NECCS)( the code). He appeared for the hearing on 7th December 2022 before Designated Officer, one Ndingindi (Ndingindi). On 21st December 2022 Ndingindi made findings and convicted the applicant and penalized the applicant with dismissal. On the 23rd of December 2022 Ndingindi wrote the applicant withdrawing his letter of the 21st of December .On that same date the 23rd of... More
This is an appeal against an arbitral award wherein Appellant is arguing that the Arbitrator erred when he made a decision that Appellant was fairly dismissed which decision was not backed by any reason or explanation. More
This is an application for dismissal for want of prosecution of case number HC 8645/18. The following is the order sought.
1. The application for dismissal of the action in HC 8645/18 for want of prosecution be and is hereby granted.
2. The action in HC 8645/18 is and hereby dismissed for want of prosecution.
3. The Respondent shall pay the Applicant’s wasted costs in HC 8645/18 and costs of this application on attorney-client scale.
The application is opposed. More
The appellant was employed by the respondent as a receptionist when, on the 6th November 2012 she was suspended, on allegations of negligence in the course of her duties for a missing blank receipt number 23143. This was done in terms of the NECCS employment Code of Conduct. Following a disciplinary hearing, appellant was found guilty and dismissed. More
KHALID MOHAMMED GOMAA SIAM(1st Applicant) was born in Palestine, migrated to Zimbabwe and was eventually registered as a citizen of Zimbabwe on 13th February 2009. DUNIA FAWZI FAYEZ SIAM (2nd Applicant) is a citizen of the Hashemite Kingdom of Jordan and a permanent resident of Zimbabwe. The first and second Applicants are husband and wife and also the biological parents of QUDS KHALID MOHAMMED GOMAA (3rd Applicant born 26th June 2001), AAYA SIAM (a minor born 29th March 2004) and WALEED SIAM (a minor born 10th January 2007). The children are holders of Zimbabwean Passports and Birth Certificates.Sometime in 2021... More
The applicant in this matter seeks interim relief couched in the following manner:
“Pending the confirmation or discharge of the order, applicant is granted the following interim relief:
1. The execution of this court’s judgment under HC 2776/19 be and is hereby stayed.
2. The 3rd respondent shall not take any steps to execute in terms of the court order dated 14 May 2020.
3. In the event 3rd respondent would have executed by the time of the order, the 3rd respondent shall restore possession to the applicant.
The facts of this matter are that the 1st respondents obtained a... More
The application under HC 8522/19 was made in terms of r 449 (1) (a) of the old High Court Rules based on two (2) grounds, namely:
(a) The order was erroneously granted in the absence of the applicant, who is an interested party and whose rights were affected by the order concerned.
(b) The said order was granted in error since the party who obtained the relief was not the one who held the claims that were forfeited by the second and third respondents. The applicant argued that the claims were registered in the names of the fourth and fifth... More
This is an application for the provisional liquidation of the first respondent and for the appointment of Theresa Grimmel as the liquidator in accordance with the requirements of the law. The application is being made in terms of s 6 as read with s 14 of the Insolvency Act [Chapter 6:07] (“the Act"). The application is opposed by the first respondent. More
The first applicant is the former owner of Wakefield Farm, Chegutu, measuring 688.64 hectares in extent. The second applicant resides on a portion of the farm measuring 353.06 hectares.The first applicant is the holder of the offer letter in respect of sub division 2 of Wakefield, 280 hectares in extent More
We heard these three appeals on 20 May, 2024. We considered them to be fatally defective and we struck them off the roll.
On 21 May, 2024 counsel for the appellants wrote, through one of them, requesting reasons for our decision. More
This is an application for bail pending appeal. After a contested trial applicant and others who are not part of this application were convicted and sentenced by the Regional Magistrate sitting at Bulawayo on the 11th February 2022. They were convicted and sentenced on one count of contravening section 82(1) of S.I. 362/90 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of raw unmarked / unregistered ivory). They were sentenced each to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and... More
This court has no choice but to rely on the evidence of the plaintiff, who was a party to the agreement, he told the court how he occupied the property being the subject matter of this dispute. He told the court how he paid for the property and produced bank deposit receipts into the deceased’s bank account in South Africa. He occupied this place from 2001 to date. The defendant’s witness, told the court that she is not aware of any payments of rates by the deceased estate, neither is she aware of any rentals being paid by the plaintiff... More
On the 11 September 2019, plaintiff sued out a summons against the defendant praying for an order of divorce and other ancillary relief. On the 8 September 2020, a pre-trial conference was held before a judge of this court. The presiding judge referred the matter to trial. The trial was set down for the 10 November 2020. A copy of the notice of set-down was served on defendant’s legal practitioners on the 6 October 2020, and on plaintiff’s legal practitioners on the 7 October 2020.
In anticipation of the trial date, defendant filed an affidavit in support of an application... More
