This case has become one of preliminary points. After disposing of the appellant’s preliminary points the respondent came up with its own preliminary point that was not in the notice of response nor in the heads of argument. As a point of law it could not be resisted. The point in law is that the grounds of appeal are new grounds, that they are therefore not permitted. More
The Prosecutor-General filed a notice in terms of s 35 of the High Court Act, [Chapter 7:06], indicating that he did not support the conviction of the appellant in the present appeal. More
The applicant brings an application to compel the return of his biscuit making equipment which is in the possession of the first and second respondents. More
This is an opposed court application seeking the cancellation of a mine registration certificate. The applicant avers that, sometime in 1985, he was resettled and allocated a plot measuring five (5) hectares, namely, Plot 19 Village 10, Msengezi Resettlement Area. On p 7 of the record marked Annexure “A” is a letter dated 17 February 2020 from the Department of Agricultural and Extension Services (AGRITEX) which, inter alia, reads: More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 23 March 2021. The application was placed before me and I directed that a copy of the application and a notice of set down be served on the respondents. The matter was set-down for 26 March 2021. More
The plaintiff issued summons against the defendants claiming specific performance in terms of an agreement between the parties, for payment of value of shares in the sum of $23 310.14. The plaintiff also claimed costs of suit. More
This is an application for review, brought in terms of rule 20(1) of the Labour Court Rules, 2017 (Hereinafter the Rules). The following background facts provide the context for this application. More
In this matter the applicants seek relief as couched below:
TERMS OF THE FINAL ORDER
IT IS ORDERED
1. That the provisional order granted in favour of the applicants in this matter be and is hereby confirmed.
2. The respondents who opposed the order shall pay the costs of this application on a legal practitioner and client scale.
INTERIM RELIEF GRANTED
Pending determination of this matter, the applicant is granted the following relief:
IT IS ORDERED
1. Thatpending the determination of the application for rescission filed by the applicants under HC 4457/22, the execution of the default judgment by the... More
On 14 July, 2017, the applicant was convicted by the magistrate at Chegutu Court on two counts of theft a defined in s 113 of the Criminal Law Codification and Reform Act), [Chapter 9:23]. The applicant was sentenced to 18 months imprisonment on the first count with 6 months suspended on conditions of good behaviour. On the second count he was sentenced to pay a fine of $100-00 or in default to serve a prison term of 3 months. More
This is an application for bail pending trial. The applicants are facing three counts of robbery, two counts of unlawful entry into premises and one count of theft as defined in sections 126, 131 and 113 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] respectively. More
The applicant is a duly registered company under the company laws of Zimbabwe. It is the registered owner of mining blocks in Nyazingwe area, Nyanga North under registration numbers G 2121, G 2122, G 2123, G 2124, G 2125 and M 1333 BM and the applicant states it has owned these mining blocks since 2008.
The first respondent was granted a special Grant SG 7222 and that special grant covers a space of 400 hectares.
The applicant contends that the first respondent’s special grant encroaches into its mining blocks G 2121 to G 2124. In addition applicant avers that first... More
The applicant was married to the late Duggan. They later divorced. During the subsistence of their marriage they acquired certain five pieces of property known as stands 1 to 5 of Wilmar Park, Banket “the properties” registered in their joint names. The properties are at the centre of this dispute. More
This is an appeal against an arbitral award per Honourable Chitsa, which award was made in favour of Respondent through a dismissal of Appellant’s claim of constructive dismissal for lack of merit. The Arbitrator instead found that the Appellant having personally resigned was entitled to be paid her terminal benefits. It is necessary to set out the brief background. More
Appellant is a maternal grandparent with de facto custody of a minor child born on 22 December 2008, having assumed full responsibility for parenting the child whose mother died in a traffic accident in April 2016. The respondent is the father of the child who sought access to his child from the de facto custodian grandparent. He was granted that access on alternate weekends, from Friday to Sunday, and, for the first two weeks of each school holiday and on alternate public holidays. He was also later allowed to execute that right to access pending appeal. Appellant appealed against the... More
This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we sat to hear the matter on 27 October 2022, the second respondent’s counsel Mr T Mapfuwa took issue with the fact that there were two similar applications before the court, that is, HC 2058/22 and HC 5530/22 both involving same parties, same issues and same relief. The two records were indeed before us. The counsel for This matter was set down for hearing a number of times and the hearing could not proceed as expected. Firstly, when we... More
