In this matter Counsel for the first respondent raised a point in limine to the effect that the appellant having been barred in the court a quo for failure to file his heads of argument, had no right of audience before this court. More
The applicants in this matter are seeking an order for the permanent stay of their prosecution on charges of fraud. They allege their constitutional right to a fair trial within a reasonable period, guaranteed under s 18(2) of the former Constitution, has been violated by reason of the inordinate delay by the State to bring them to trial. More
This is an urgent application in which the applicants seek to interdict an order for eviction and demolition of their properties from specified stands in Manyame, Chitungwiza. More
The appeal was noted against the decision of the National Employment Council Appeals Committee for the Chemicals and Fertilisers Manufactory Industry dated 10th June, 2014. More
The appellants have approached this court on an appeal against refusal of bail by the magistrates court. The appeal is opposed by the respondents.
The appellants were arraigned before the magistrates court facing allegations of unlawful dealing or possession of dangerous drugs as defined in s 156(1)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] in that they were arrested by police in possession of 60kg of dagga. Secondly appellants were charged with contravening s 25(2) of Statutory Instrument 10 of 21 in that the appellants were disregarding curfew regulations when they were apprehended at 2000 hours. More
The applicant filed this application seeking an order for the eviction of the first, second and third respondents and costs of suit. The facts of this case can be summarized from the founding affidavit filed by Lovemore Magwenzi. These are as follows: More
The background to this matter is as follows. The respondent’s business is to collect, store and disseminate public information on persons likely to use the banking services or credit facilities of financial institutions. In terms of the respondent’s standard contract with its clients, the latter use its centralised system to check the antecedents of their customers so as to avoid the possibility of civil or criminal default. According to the Preamble to that contract, the respondent operates a credit protection bureau on behalf of the Zimbabwe Financial Clearing Association (ZFCA). The ZFCA provides information for its registered and associated members,... More
The appellant was employed by the respondent as from December 2005 until sometime around 25 June 2009 when his contract was terminated. The appellant was aggrieved and the matter went for arbitration on 28 September 2010. The honourable arbitrator W Kambanje ruled in favour of the appellant and ordered his reinstatement. In the alternative the respondent was to pay damages in the event that reinstatement was no longer tenable. More
The appellant is an unrepresented litigant who noted an appeal against the dismissal by the Magistrate’s court of his application to suspend pending appeal a sentence passed against him on 4 July 2023. The sentence inter alia required him to serve community service and pay restitution. Appellant noted an appeal against both conviction and sentence by the Magistrate’s court. Because he believed that the sentence should not be executed pending the determination of his appeal he applied for the suspension of the sentence pending appeal which application was dismissed. Dissatisfied with the dismissal of his application, appellant noted an appeal... More
On the 30th November 2022 at Harare, Designated Agent (DA) T. Marisa dismissed applicants’ (employees) claims of unlawful termination of employment by respondent (employer). The employees then applied to this Court for the review of the determination. The application was made in terms of Sections 89(1) of the Labour Act hereafter called the Act. The employer opposed the application More
The applicant is in remand prison on allegations of armed robbery as defined in section 126 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant acting in consort and common purpose with 4 others is alleged to have robbed ZB Bank at gun point on 18 March 2010. He is alleged to have supplied the firearm that was used in the robbery. The gang using force and violence then stole USD114 724-00, ZAR14 332-00, one pistol and six cell phones More
In practice a judicial officer should resist the temptation to render a decision without satisfying himself or herself that such order is legally competent. This is particularly important in the magistrates court because magistrates court and magistrates do not have inherent powers. They can only exercise powers given by statute. In this case the magistrate sitting at Mutoko suspended warrants of arrest issued against the applicants at the instance of the High Court. This court had, through its Registrar in the exercise of a delegated judicial function, dismissed the applicants’ criminal appeals for want of prosecution and ordered their apprehension... More
1. This is a bail appeal against the decision of the Magistrates’ Court sitting in Gweru given on the 25th June 2022. The appellant is charged with two counts of contravening section 114 of the criminal Law (Codification and Reform) Act [Chapter 9:23 it being alleged that on the 11th June 2022 he stole six cattle belonging to the 1st complainant and three cattle belonging to the 2nd complainant and drove them to his homestead. It is alleged further that the cattle were positively identified by the two complainants. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for in terms of section 92D of the Labour Act Chapter 28:01 hereafter called the Act. More
