This is an application for absolution from the instance at the close of plaintiff”s case.
On the 4th of February 2012 the parties entered into a written agreement in terms of which the defendant allocated to the plaintiff undeveloped land in Hwange, sufficient to accommodate a township with 2 000 low cost residential stands. The plaintiff was to fully service the land by surveying, constructing roads, providing sewer reticulation and water connection in a manner approved by the defendant. It was a term of the agreement that defendant would sell the residential stands at such price and on such terms... More
The plaintiff was married to the late Pius Mikiya Washaya in terms of the then Marriage Act on 17 December 1966. Five children were born to them who are all majors. In or around 1976, the immovable property was purchased and registered in the name of the late Pius Mikiya Washaya who died at Harare on 14 January 2020. He had executed a will on 8 April 2019 in which he bequeathed the immovable property in equal and undivided shares to the plaintiff and two children, Beniya Mikiya Washaya (born on 17 October 2006) and Tinotenda Ndamuka Washaya (born on... More
Plaintiff is a private company that is involved in the transportation of commodities including fuel products. The defendant is an oil company which procures and imports fuels andis registered with the Zimbabwe Energy RegulatoryAuthority (hereinafter referred to as “ZERA”), as is required of fuel and petroleum procurers, by statute. The defendant’s activities are performed and regulated by ZERA and it has a bonded fuel facility at the National Oil Company of Zimbabwe (hereinafter NOIC) bonded facility in Msasa, Harare. More
The background facts are largely common cause. The appellant is a transporter of note while the respondent is a fuel monger. They have a long standing business relationship whereby the respondent has been supplying the appellant with bulk fuel over the years. On 1 November 2018, the parties entered into a sale agreement in terms of which the respondent sold and the appellant purchased 150 000 litres of diesel. More
The applicant appeared at Tredgold Magistrates Court, Bulawayo for an initial remand on 1st December 2021 facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant was remanded in custody pending trial. This application is motivated by the applicant’s desire to secure his release on bail pending his trial. The application is opposed by the state. More
Applicant applied to this Court for condonation of late noting of appeal. Respondent opposed the application. At the onset of oral argument Respondent raised a point in limine. The point was that the relief sought was incompetent on the grounds that the Court is not empowered to grant such relief. More
This is an appeal against the decision of the Respondent Health Services Board which upheld the Appellant’s dismissal on charges of ferrying unauthorized passengers in the Respondent’s bus.
The brief facts of the case are that: Appellant who was employed as a driver by the Respondent was seen by his superiors on 4 June 2011 ferrying unauthorized passengers in a bus belonging to the Respondent and clearly marked so. More
The plaintiff on 28 March 2011 issued summons out of this court seeking an order of sharing of assets the parties are said to have acquired together during the subsistence of a customary law union between the parties, and costs of suit. More
This is an application for condonation for late noting of an application for rescission of judgment. The matter is unopposed to the extent that as at date of set down the respondent did not put its response to the matter. It was only on the set down date that it tried to show cause why it did not put in its response. Its argument was that the pleadings attendant to the matter had found their way to its junk mail and when it belatedly realised that development it was already out of timed to file its response. More
Following a successful appeal to this Court against a judgment of the High Court ordering the eviction of the appellant from house number 484 Jakaranda Drive Victoria Falls (the house) when it had not heard the merits of the dispute but only points in limine, this Court handed down judgment which reads in part as follows:
“1. …
2. The appeal succeeds with each party bearing its own costs.
3. The judgment of the court a quo on the merits is set aside.
4. The matter be and is hereby remitted to the court a quo for determination of the... More
This is an application for a mandatory interdict to compel the respondent, within 5 days of the granting of this order to appoint an appeals officer or set up an appeals committee in accordance with the provisions of section 8 (1) of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15/2006 so that the applicant can file its appeal against the decision of a Disciplinary Committee which convicted him of misconduct and imposed the penalty of dismissal from employment. The respondent opposes the application. The facts of the matter are that until February 2017, the applicant was employed... More
This is an application in terms Order 40 r 348A(5a) for an order suspending the sale in execution of the immovable property known as 2061 Bluffhill Township of Stand 1180 Bluffhill Township, Harare pursuant to a judgment granted against the applicants in Case No. HC 8106/15. More
The applicant filed an urgent chamber application seeking stay of execution of a warrant for civil imprisonment issued at the instance of the first respondent. According to the draft order attached to the application, the applicant seeks relief in the following terms: More
This is an application for leave to execute a judgment of this honourable court pending the Hearing of an appeal before the Supreme Court.
Brief background facts
The parties initially appeared for an arbitration process before an arbitrator of their choice, Honourable P. Ncube. The arbitral award was issued on 13 December 2017 following a dispute over some joint venture agreement between the parties. The arbitral award directed the respondent to pay to the applicant, the sum of $5 507 980,00 compensation due and payable in terms of clause 3 of the parties’ joint venture agreement entered into on 17... More
