At the commencement of these proceedings, the plaintiff abandoned its claim against the 2nd defendant. There was no proof of service on the 2nd defendant. The plaintiff indicated that she would pursue the action without the 2nd defendant. The 1st defendant submitted that it would no suffer any prejudice and therefore did not object to the matter proceeding without the 2nd defendant. More
This matter was filed in this court as a court application. The applicant seeks an order in the following terms:
“1. House number 4 Mimosa, Westview also known as Stand 2986, Westview Kadoma shall be awarded to LainaNdoro (Nee Mutimodyo) as the surviving spouse to the late Robert Ndoro, DR 828/09.
2. The first and final liquidation and distribution account, Annexure “D” shall be amended accordingly.
3. The first respondent shall pay the costs of this application in his personal capacity if he opposes this application.” More
The applicants applied for a constitutional declaratory order. They moved the court to declare that corporal punishment in school and in the home violates the rights of children as set out in sections 51, 53 and 81 of the Constitution of Zimbabwe. They filed their application in terms of s 85 (1) (d) of the country’s Constitution (“the Constitution”). More
The applicant seeks a provisional order in the following terms:
TERMS OF FINAL ORDER SOUGHT
1. The 3rd respondent’s sentence under CRB 3039/22 against the applicant be and is hereby suspended pending the finalization of the appeal under case No. CA 205/22, App 38/22.
2. The respondents to pay costs of suit jointly and severally, one paying the others to be absolved.
INTERIM RELIEF GRANTED
Pending the confirmation or discharge of the provisional order, an interim relief is granted on the following terms –
1. The sentence of the 3rd respondent against the applicant in case No. CRB HREP 3039/22... More
The applicant seeks a provisional order in the following:
“TERMS OF FINAL ORDER SOUGHT
It be and is hereby ordered that:
(a) Provisional order granted in this matter be and is hereby confirmed;
(b) The order of the court a (sic) Harare Magistrates’ Court in CRB 4041/12 dismissing the applicant’s exception to the criminal charges levelled against him in terms of s 7 of the Children’s Act be and is hereby set aside;
(c) The charges pressed by the respondent in the Harare Magistrates’ Court in CRB 4041/12 be and are hereby quashed; and
(d) There be no order as... More
The applicant and second respondent who were once husband and wife entered into a written agreement of sale with the first respondent sometime in October 2007 in respect of an immovable property known as Stand No. 4306 Fountainbleau Estate measuring 185 square metres held under deed of grant number 00117/05. The agreed terms of the agreement were that transfer of the property was to be effected upon full payment of the purchase price. More
1. This is an appeal against the whole judgment of the Administrative Court handed down by Mandeya J on 13 May 2022. After hearing submissions from counsel for the parties the court dismissed the appeal with costs indicating that reasons for the order would be given in due course. These are the reasons. More
This is an appeal against the whole decision of the respondent’s chief executive officer sitting as the internal appeals officer dated 15 December 2023. This appeal is opposed.The appellant was employed by Ilala Lodge (the respondent) as a guest relations officer sometime in 2022. In November 2023 the appellant allegedly received a sum of money from a senior employee that was meant for the tips box. The appellant was subsequently suspended from employment pending a disciplinary hearing which was then held on 28 November 2023. The disciplinary authority found the appellant guilty of corruption and the appellant was dismissed from... More
On the 24th of July 2023 this court dismissed the applicant’s urgent chamber application. The application was filed on the 22nd July 2023 and the hearing subject of the application was on the 26th July 2023.3. The applicants argued that the decision to further suspend them and go on to hold a hearing on the same charges was grossly irregular. They wrote to the respondent pointing out the irregularity and asking it to stop the process. The respondent did not oblige hence the urgent chamber application. More
This is an application for quantification of damages in which the Applicant is seeking the total sum of USD $1 446 738, 75 as salaries and back pay in lieu of reinstatement for a period running from July 2016 to January 2023. The Applicant is also claiming punitive damages on the Respondent in the sum of USD $624 000 in addition to pension and medical aid. The Respondent is of the view that the amounts claimed by the Applicant are absurd and totally unwarranted given the fact that the Applicant found alternative employment from March 2018 to August 2021.It also... More
This is an application for variation of the consent paper and divorce order granted by this court under cover case number HC 125/14. The basis of the application is section 9 of the Matrimonial Causes Act (Chapter 5:13) (The Act), and section 81 (2) (3) of the Constitution of Zimbabwe Amendment No. 20 2013. (the Constitution) More
The new High Court Rules being Statutory Instrument 202 of 2021 have ushered in challenges in as much as they have brought clarity in certain areas. The need to revisit and streamline the rules for the attainment of clarity, cohesion and practicality much needed to regulate and maintain a coherent justice delivery system calls for urgent attention. Rules should not have gaps nor leave the litigants or the court in a quandary as to what next to do in pursuing a certain procedure. Rule 42 is one such provision that requires attention as this case has shown. More
: The applicant approached this court on urgency seeking the following order:
TERMS OF FINAL ORDER SOUGHT ARE AS FOLLOWS:
That you show cause to the Honorable court why a final order should not be in the following terms:-
1. The first respondent be and are hereby ordered to demolish any structures which he erected on Stand 40295 Belvedere, Harare or subdivided portion thereof known as Stand 41550 Belvedere, and fill up all the trenches dug there at pending the finalization of the case in HC 2973/21.
2. The first respondent is interdicted from effecting any developments or taking occupation... More
The applicant claims to hold rights, title and interest in a property situate in Belvedere suburb, Harare called stand 40295 Belvedere measuring 2106 square metres. She claims to have purchased the property by reason of a cession of rights from one Chris Edwin who had purchased the property from the third respondent. The agreement of sale between Chris Edwin and the third respondent was attached to the applicant’s supplementary affidavit filed on 25 July 2022. That agreement was executed by the third respondent and Chris Edwin on 10 October 2016. In terms of clause 8 of the agreement of sale... More
[1] At the commencement of the hearing of this appeal, Mr Magwaliba advised the Court that the parties had agreed to request adetermination on the preliminary issue, raised in the issues for determination in the pre-trial hearing minute filed by the parties in this matter- which is, whether there is before the Court a valid appeal in respect of which the Court can assume jurisdiction. The parties agreed that a determination of the preliminary point would be dispositive of the appeal.
[2] Briefly, the relevant facts forming the background of the matter are as follows. On 12 March 2020 the... More
