Plaintiff issued summons claiming the following relief;
(a) That the agreement of sale be and is hereby cancelled.
(b) That second defendant be compelled to transfer stand number 3437, Highfield, Harare, to plaintiff within seven days from the date of this order failing which the deputy sheriff or his lawful assistant be authorized to sign all transfer documents on behalf of second defendant.
(c) That first and second defendants pay the costs of suit jointly and severally, the one paying the other to be absolved. More
The applicant seeks a Provisional Order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The respondents be and are hereby barred from interfering with applicant’s property, Mbizi Milling Company, and operations there other than in terms of a lawful order.
2. That the respondents shall bear the costs of this application on a legal practitioner and client scale jointly and severally the one paying the others to be absolved. More
When this matter came before me for Pre-trial conference on 31 July 2012, I gave directions to the plaintiff which are contained in the record. I also directed that the parties should hold a round table conference. More
This is a ruling in an interlocutory application made by Applicant for the upliftment of bar operating against heras a result of his failure to file heads of argument in time as stipulated by the Labour Court Rules, 2017. Some background information to the matter is however necessary.
The main application filed is an applicaton for condonation for late filing of an application for reinstatement of an application for condonation of late noting of a review. The Applicant is a former employee of the Respondent. In March 2019 through hererstwhile Legal Practitioner, Zimudzi & Associatesfiled an application for condonation of... More
The trial before me was a conflict among family members over inheritance. There is credence in the Shona saying, “Pfuma yenhaka inoparadza ukama!” Literally, inheritance destroys family ties. More
The dispute before the court is about sharing of matrimonial property on divorce. The plaintiff, Kumurai Chikwava, is a retired medical doctor with a sizeable property folio in his name. The defendant, Grace Chikwava, is a retired nurse by profession. She too owns immovable property in her name from having worked for a number of years in the United Kingdom. The plaintiff and defendant married formally in 1976. They have four adult children. He is 79 years old, having been born on the 17th of June 1945. She is 74 years old, having been born on 20 August 1950. He... More
The applicant is a medical practitioner. In 2015 he appeared before a disciplinary committee duly constituted in terms of s 112 (2) of the Health Professions Act [Chapter 28:19] facing three counts of performing acts pertaining to the profession or calling in an unethical, improper or disgraceful manner alternatively improper or disgraceful conduct, when regard is had to his profession or calling. More
The parties having agreed that their marriage has irretrievably broken down to the extent that it can longer be restored to a normal marriagesigned a consent paper on 3 July 2017 wherein they agreed on the apportionment of the parties’ movable assets and the issue of the welfare of their major child Shingai Tariro Masenda who is still at university doing his mastersdegree. The parties could not agree on what immovable property constitutes their matrimonial estate and how it should be shared. Resultantly, 2 issues were referred to trial:
(a) What immovable property forms part of the matrimonial estate?
(b)... More
The appellants lodged the present appeal against sentence imposed by the court a quo. The appellants were both convicted of two counts of assault as defined in s 189 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and secondly convicted of indicating a witch or wizard as defined in s 99 of the Criminal Law (Codification and Reform) Act[Chapter 9:23]. For assault the accused were each sentenced to 12 months imprisonment of which 3 months were suspended on usual conditions of good behaviour. More
The applicant, a company under liquidation which is represented herein by the liquidator, instituted the instant application seeking the eviction of the respondent and all persons claiming occupation through the respondent from Goodwill Extension of Woodlands of Railway Farm 20 and Remainder of Goodwill of Railway Farm 20. The two pieces of land are owned by the applicants. The respondent is the Executor in the Estate of the late Francis Siamsipa. The application is opposed by the respondent. More
This is an application for review. The applicant is challenging the manner in which the 1st and 2nd respondents conducted the hearing in the dispute between itself and the 3rd respondent to the 92nd respondents who were the applicant’s former employees.
The 1st three grounds for review are challenging the procedure which led to the determination by the 1st respondent. The 4th ground for review is however purporting to challenge a substantive finding made by the respondent in awarding damages. The 4th ground challenges how the 1st applicant had decided to award damages in United States dollars when he ought... More
On 29 March 2017 we dismissed the appeals in respect of both matters being CA 7/16 (Ref CRB MBE 286/16) and CA 9/16 (Ref CRB MBE 287/16). We gave the reasons for dismissing the appeals ex tempore. Our view is that it is prudent that we provide full written reasons for dismissing the appeals. These are they; More
On the 3 July 2013 Applicant noted an appeal against the determination of the Respondent’s Appeals Officer confirming the penalty of discharge imposed by the Disciplinary Authority. More
This appeal was dealt with on the record in terms of section 89 (2)(a)(i) of the Labour Act, [Chapter 28:01] (the Act). It is an appeal against an arbitral award handed down on 4 April 2014, in terms of which the appellant was ordered to reinstate the respondent without loss of salary and benefits, or pay him damages in lieu of reinstatement. More
