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 That the judgment granted by the court under case number HC 3383/20 be and is hereby rescinded.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
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
This court application was filed on 14 December 2017 by the 4 applicants against the respondent under the heading:
“Court application for correction and or variation of a default judgment in terms of rule 449 (1) (a) & (c) of the High Court Rules of Zimbabwe, 1971 and or for Debatement of an account.”
The applicants prayed for an order in the following terms which order has also been drawn in the alternative More
The appeal was noted as against an arbitral award dated 27 January, 2015 the operative part of which reads as follows;
“AWARD”
“Wherefore after carefully analysing the facts and law, I make the following award
That the claimant’s claim of unfair dismissal is hereby rejected.” More
The first, second and third applicants are siblings, and, together with two others who are not party to these proceedings hold title to stand number 1027 Chegutu, Pfupajena Township measuring 205 square meters. In reality they have occupied land which is on stand 1028 Chegutu, Pfupajena Township, for more than 20 years and have always considered this land to be theirs. More
litigant who makes a conscious decision to sue through motion, as opposed to action, proceedings is enjoined to anticipate the respondent’s defence. Having anticipated such, he must include in his founding affidavit all the evidence which supports his case including such evidence as will rebut the respondent’s defence. Where he adopts the stated line of reasoning, the court will not find him wanting when he restates his position in the answering affidavit as he will merely be confirming what he has already told the court. More
This is an appeal against the judgment of the High Court (the court a quo) granting the respondent leave to appeal to the High Court against the appellant’s discharge at the close of the State case at the Magistrate’s Court. At the conclusion of the hearing we dismissed the appeal and indicated that our reasons will follow. These are the reasons.
FACTS
The appellant was arraigned before the MagistrateCourt charged with: -
1. Contravening Section 3(1) (a) of the Precious Stones Trade Act [Chapter 21:06] and;
2. Contravening Section 3(1) (a) of the Gold Trade Act, [Chapter 21:03].
In the... More
This is an application for condonation of late noting of appeal and extension of time to note an appeal. Applicant gave a power of attorney to Erickson Mvududu (Erickson) to handle matters concerning House Number 14084C, New Zengeza 4, Chitungwiza, on her behalf as she is in Australia. More
On 3 October 2005, the plaintiff lodged with the Registrar of this court an urgent application for interim custody of her son Brandon. On 4 October 2005 a certificate of service was filed by the legal practitioners of the plaintiff confirming that service had been effected at the respondent’s residence. I enrolled the matter for 6 October 2005. At the appointed time there was no appearance by the defendant and I therefore issued a provisional order in terms of which the applicant was given immediate custody of the child. When the order was served on him, the defendant then filed... More
