On 12TH September 2012 this Court made an order by consent in terms of which Respondent was ordered to pay Applicant back-pay and benefits together with damages in lieu of reinstatement. The figures were to be either agreed by the parties or assessed by this Court. The parties failed to agree on the figures resulting in this application for assessment. Both parties filed papers setting out their calculations and submissions. More
Appellant was in respondent’s employ as a stock controller. For a charge under category SUB-STANDARD PERFORMANCE, Appellant was charged with and found guilty of negligence for which a penalty of dismissal was imposed.
The basis of the charge was that, on the 1st of July, 2019 while on day shift, appellant dispatched a Bindura bound truck with trailer number 6849 loaded with 18 pallets of Chibuku super yet the recorded out load was 17 pallets of Chibuku super. As a stockcontroller, appellant was supposed to physically check andverify the quantities in each and every truck that comes in and goes... More
This is an appeal against the decision of the Regional Magistrate Court. It is against both conviction and sentence. The appellant was convicted, in a contested trial of three counts of rape, in terms of s65 of the Criminal Law and Codification Act Chapter 9:23. He was sentenced to an effective 15 years imprisonment term. More
MABHIKWA J: The applicant in the matter filed an urgent chamber application for stay of execution seeking the following interim relief that:
1. Pending the return date, the 1st and 2nd respondents be ordered to suspend execution of the court order obtained by the respondent under case number HC 1416/20.
2. The 1st respondent pays the costs of this application.
I must state from the onset that the court took note in this case that the application could have been overtaken by events. That is to say;
(a) According to the certificate of urgency, the eviction was scheduled for 24... More
This is an application for a compelling order brought about by the applicant seeking the following relief:
“IT IS ORDERED THAT:
1. Applicant and those claiming possession through him is hereby declared to have peaceful and undisturbed possession of land commonly known as subdivision 10 Merion Farm in Makoni District, Manicaland Province measuring approximately 125.20 hectares.
2. First Respondent and all those acting under her are hereby ordered to abide by the boundaries as established and determined by second and third Respondents, and to vacate, remove and demolish all erected homesteads and other immovable structures from the established legal boundaries... More
The applicant approached the court with an application for bail pending appeal. The respondent (State) opposed the application. Both the applicant and respondent filed documents for and against bail respectively. They both further orally addressed the court. The court was inclined to agree with the respondent’s argument that the applicant was not a suitable candidate for bail pending appeal. More
The appeal is noted against the determination of the Managing Director dated 21 November, 2012 which determination resulted in appellant’s conviction on the misconduct charges and the imposition of a dismissal penalty with immediate effect. More
I heard argument in this matter on 14 April 2021 and granted an ex tempore judgment. This full judgment contains reasons for my decision. It was an application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06]. The relief which I granted is as follows:
1. The application for the declarater is granted.
2. The first respondent’s decision to rescind the applicant’s approval by the third respondent and a directive to the second respondent to effect the directive abovementioned be and is hereby set aside.
3. Consequently, the applicant’s approval and appointment to... More
Applicant married the respondent on the 23rd of April 1997 in terms of the Marriages Act (Chapter 5:11). On 29th September 2016, the applicant filed for divorce as the marriage had irretrievably broken down and there were no reasonable prospects of restoration of a normal marital relationship between the two. A decree of divorce and ancillary relief under case No. 2460/16. The order was granted in default. In terms of the divorce order the applicant was awarded the matrimonial immovable property being house No. 4053 Mkoba 10, Gweru as his sole and exclusive property. Respondent was awarded household furniture. Aggrieved,... More
The applicant filed an application on urgency against the four respondents under the heading “Urgent Chamber Application for stay of execution pending determination of applicant’s compensation for improvements on the property forming the subject matter of the dispute between the parties and her Supreme Court application for condonation of late filing of appeal and extension of time within which to appeal.”
All the parties were legally represented save the Sheriff who was sued in his official capacity and ordinarily will abide by the decision of the court as a neutral party.
The application was heavily contested on the issue of... More
This is an application for quantification of damages due to the applicant employees following the dismissal of the appeal by the employer at the Supreme Court. The background to the matter can be summarised as such. The employees lost their jobs with the employer on notice. They queried the termination of their services as they were of the view that the termination was not in sync with the provisions of section 12(4) of the labour Act as amended. They successfully challenged the termination both before the labour officer and before the labour court. The employer took the matter to the... More
At the hearing of this opposed matter a point in limine was raised, namely that the matter had, by order of this court under case number HC 1920/08, been dismissed for want of prosecution. More
The plaintiff is the first defendant’s wife. The second defendant is her husband’s young brother. The third defendant is a company with which the plaintiff and the first defendant used to do business. More
The plaintiff issued summons out of this court on 17 August 2011 seeking an order compelling the first defendant to effect change of ownership of Stand No. 9781 Kuwadzana Phase 3 Harare from his name to the plaintiff’s name and that of Dickson Kudzanga within seven days of the date of judgment, that should first defendant fail or refuse to effect change of ownership as requested the Sheriff of Zimbabwe be authorised to sign any papers or documents as provided for the second defendant to effect change of ownership of the said stand from the defendant’s name to that of... More
